Free Motion for Joinder - District Court of Delaware - Delaware

Case 1:04—cv—00148-G|\/IS Document 50 Filed 07/15/2005 Page 1 of 4 A
I UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
I In re:
Civil Action No. 1 :04-cv-00143-GMS
INACOM CORPORATION, et al..
Debtors.
/ Bankr. Case No. 00-02426 (PJW)
IN ACOM CORPORATION, Adv. Pro. No. 02-03496 (PJW)
. Plaintifg
_ v. I n A
TECH DATA CORPORATION,
Third-Party Plaintiff .
vs.
_ _ COMPAQ COMPUTER CORP., ITY
CORP., and CUSTOM EDGE, INC., -
_ Third-Party Defendants.

TECH DATA CORI’ORATION’S J OINDER IN REQUEST FOR TRIAL
BY JURY BY DEFENDANTS LE DELL AND INGRAM
Defendant and Third Party Plaintiff Tech Data Corporation files this Joinder in
Request for Jury Trial. In support hereot§ Tech Data respectfully shows the Court as
follows.
I. Background
1. On February 9, 2005, in that action styled Inaccm Corp. v. Lexmark
International. Inc., Civil Action No. 04-CV—533 (GMS), Lexmark International, Inc.
("Lexrnark") tiled its Motion for the Court to Order a Trial By Jury ("Lexmark’s Jury .
Trial Motion") and its Opening Memorandum in Support of Lemnarlfs Motion for the
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Case 1:04—cv—00148-G|\/IS Document 50 Filed 07/15/2005 Page 2 of 4
Court to Order A Trial By Jury (“Lexmark’s Jury Trial Opening Memora.ndum"). As set
forth in Lexma.rk’s Jury Trial Motion and Lexmark’s Jury Trial Opening Memorandum,
Lexmark is entitled to a jury trial on Plaintiff’s claims asserted against Lexmark and on
Lexmark’s third—party claims asserted against Compaq. `
2. On May 10, 2005, Lexmark; Dell; Tech Data and Ingram Entertainment,
Inc. tiled their Joint Motion for the Court to Consolidate for Trial ("Joint Motion to
Conso1idate") and Opening Memorandtun in Support of Joint Motion for the Court to
Consolidate for Trial ("Joint Motion to Consolidate Opening Mernorandum"), seeking
that the Court consolidate for trial the following actions currently pending before this
Court: (i) Case No. 04-148; Inacam Corp. v. Tech Data Corp; (ii) Case No. 04-583;
Inacom Corp. v. Lexmark 1nternati0naL Inc.; (iii) Case No. 04-1593; Inacom Corp. v.
Ingram Entertainment Inc.; and (iv) Case No. O4-582; Inacorn Corp. v. Dell Computer
Corp.
II. Tech Data’s Reguest for Jug Trial
3. Tech Data has submitted a proof of claim in the [nacom bankruptcy cases, _ .
and therefore cannot claim a right to trial by jury for Inacom’s preference case.
T However, Tech Data does have a right to seek a jury trial for its third party complaint
against third party defendant Hewlett Packard, and now moves the Court in exercise of
this right.
4. Defendants Dell and Lexmark have moved the Court for a jury trial, as set
forth in De11’s and I.exmark’s respective Jury Trial Motions.
5. As set forth in detail in the respective defe11darrts’ Joint Motion to
Consolidate Opening Memorandum, where two or more cases are consolidated and one is
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Case 1:04—cv—00148-G|\/IS Document 50 Filed 07/15/2005 Page 3 of 4
accompanied by a right to a jury trial, the Court may properly grant a jury trial in both
cases. Cedars-Sinai Med. Ctr. v. Revlon, Im:. lll F.R.D. 24, 32 (D. Del. 1936). To the
extent De11’s and Lexmark’s Jury Trial Motions are granted and the cases are
consolidated, Tech Data should be entitled to a jury trial as to Plaintiffs claims against V
Tech Data for this additional reason.
6. In support of Tech Data’s Request for Jury Trial, Tech Data expressly
adopts and incorporates by reference (i) Lexmark’s Motion for Jury Ttial., (ii) Lexruark’s
Jury Trial Opening Memorandum, (iii) the Joint Motion to Consolidate, and (iv) the Joint
B Motion to Consolidate Opening Memorandum. Tech Data relies on the foregoing
motions and briefs and this motion in support of Tech Datafs Motion for Jury Trial, and I
waives, pursuant to Local Rule 7.1.2, its right to tile an opening brief in support hereof
Tech Data, however, expressly reserves its right to tile a reply brief to respond to any and
all arguments that Plaintiff may assert in response hereto.
WHEREFORE, for all of the foregoing reasons, Tech Data prays that this Court
grant this Request for Jury Trial and grant to Tech Data such other and further relief to
( which it is justly entitled.
Dated: July 15, 2005 I
Respectfully submitted,
HERLIHY, HARKER & KAVANAUGH
By: ‘ /S/ James F. Harker
James F. Harker (Bar No, 255)
1300 North Market Street, Suite 400
Wilmington, Delaware 19899
Telephone: (302) 654-3111
-and— n
[2l0346.0002H~I054|529_1)3
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Case 1 :04-cv—00148-GIVIS Document 50 Filed 07/15/2005 Page 4 of 4
ADORNO & YOSS, LLP
Ch aries M. Tatelb aum
(Admitted Pro Hac Vice) (
Stephen C. Hunt
(Admitted Pro Hao Vice)
350 E. Las Olas Boulevard, Suite 1700
Fort Lauderdale, FL 33301
Telephone: (954) 763-1200
Facsimile: (954) 766-7800 ,
Attc•rncysjbr Uzird-Party Plainnjf .
Tech Data Corporation
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