Free Order on Motion to Strike - District Court of Delaware - Delaware

Case 1:04-cv-00138-JJF Document 143 Filed 11/17/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GTECH CORPORATION, :
Plaintiff, i
v. g Civil Action No. 04-138—JJF
SCIENTIFIC GAMES INTERNATIONAL, ;
INC., SCIENTIFIC GAMES HOLDINGS :
CORPORATION, SCIENTIFIC GAMES :
FINANCE CORPORATION, and :
SCIENTIFIC GAMES CORPORATION, :
Defendants. E
MEMORANDUM ORDER
Pending before the Court is Scientific Games' Motion To
Strike Gtech's Reply Brief Regarding Its Motion For
Reconsideration Of The Court’s June 14th Order Granting
Defendants’ Motion To Preclude Gtech From Asserting New Claims
(D.I. 100). For the reasons discussed, the Motion will be
granted. l
I. BACKGROUND Z
On June 27, 2005, Plaintiff filed a Motion For ?
Reconsideration Of The Court’s June 14th Order Granting
Defendants’ Motion To Preclude Gtech From Asserting New Claims I
(D.I. 91). Defendants filed a response on July 12, 2005. (D.I. _
97). The Court docket showed that a reply brief was due by July U
18, 2005. (D.I. 102, exhibit A). Plaintiff informed the Court
by email that briefing was complete and the motion was ready for

a decision on July 13, 2005. (D.I. 100, exhibit A). On July 18, f
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Case 1:04-cv-00138-JJF Document 143 Filed 11/17/2005 Page 2 of 3
2005, Plaintiff filed a reply brief in support of its motion.
(D.I. 98).
II. DISCUSSION
District of Delaware Local Rule 7.1.5 provides:
A motion for reargument shall be served and filed
within l0 days after the filing of the Court’s opinion
or decision. The motion shall briefly and distinctly
state the grounds therefor. Within l0 days after
service of such motion, the opposing party may serve
and file a brief answer to each ground asserted in the
motion. The Court will determine from the motion and
answer whether reargument will be granted.
D. Del. L. R. 7.l.5 (2005). Accordingly, the rule “permits
filing of only one brief per side with an emphasis on brevity."
Stairmaster Sports[Medical Prods., Inc. v. Groupe Procycle, Inc., _
25 F. Supp. 2d 270, 292 (D. Del. 1998). i
While the Court mistakenly included a date for filing a
reply brief, Plaintiff was aware of the District’s Local Rules
and that the Court would only consider the motion and an answer
brief. Plaintiff demonstrated its awareness by informing the
Court on July 13, 2005 that the motion for reconsideration was
ready for a decision, and by its failure to submit a reply brief
on another motion for reconsideration. (Sge D.I. lOl).
Accordingly, the Court will grant Scientific Games' Motion To
Strike Gtech’s Reply Brief Regarding Its Motion For
Reconsideration Of The Court’s June l4th Order Granting
Defendants’ Motion To Preclude Gtech From Asserting New Claims
(D.I. l00).
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Case 1:04-cv-00138-JJF Document 143 Filed 11/17/2005 Page 3 of 3
ORDER
NOW THEREFORE IT IS HEREBY ORDERED this [ 2 day of
November 2005 that Scientific Games' Motion To Strike Gtech’s
Reply Brief Regarding Its Motion For Reconsideration Of The
Court’s June l4th Order Granting Defendants' Motion To Preclude
Gtech From Asserting New Claims (D.I. 100) is GRANTED.
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