Free Reply Brief - District Court of Delaware - Delaware

Case 1:04-cv-00138-JJF

Document 104

Filed 08/02/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE GTECH CORPORATION, Plaintiff, v. SCIENTIFIC GAMES INTERNATIONAL, INC., SCIENTIFIC GAMES HOLDINGS CORPORATION, SCIENTIFIC GAMES FINANCE CORPORATION, and SCIENTIFIC GAMES CORPORATION, Defendants. C.A. No. 04-138-JJF

SCIENTIFIC GAMES' REPLY IN SUPPORT OF ITS 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 In its Opposition to Scientific Games' Motion to Strike GTECH's Reply Brief Regarding Its Motion For Reconsideration, GTECH states that "[e]ven if the Court had not requested that a Reply Brief be filed, GTECH would have filed a motion for leave to file such a Reply Brief to address and clarify certain facts and issues that were misrepresented in Scientific Games' opposition brief . . ." (D.I. 102 at 2). That statement, however, is contradicted by the email that GTECH sent to the Court -- before filing its Reply Brief -- which stated that "briefing on Plaintiff' Motion for Reconsideration . . . is complete and the motion is ready for decision" (D.I. 100, Ex. A). For the reasons set forth in Scientific Games' Motion to Strike (D.I. 100), GTECH's "Reply Brief" in support of its motion for reconsideration was improper and should be stricken. See D. Del. L.R. 7.1.5 ("The Court will determine from the motion and answer whether reargument will be granted."); see also StairMaster Sports/Medical Prods., Inc. v. Groupe

Case 1:04-cv-00138-JJF

Document 104

Filed 08/02/2005

Page 2 of 3

Procycle, Inc., 25 F. Supp. 2d 270, 292 (D. Del. 1998) ("Local Rule 7.1.5 . . . permits filing only one brief per side with an emphasis on brevity."). MORRIS, NICHOLS, ARSHT & TUNNELL

/s/ Rodger D. Smith II Jack B. Blumenfeld (#1014) Rodger D. Smith (#3778) Morris, Nichols, Arsht & Tunnell 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899 (302) 658-9200 [email protected] Attorneys for Defendants August 2, 2005
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Case 1:04-cv-00138-JJF

Document 104

Filed 08/02/2005

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CERTIFICATE OF SERVICE I, Rodger D. Smith II, hereby certify that on August 2, 2005, I caused to be electronically filed Scientific Games' Reply In Support Of Its 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 with the Clerk of the Court using CM/ECF, which will send notification of such filing(s) to the following: Josy W. Ingersoll Young, Conaway, Stargatt & Taylor, LLP The Brandywine Building 1000 West Street, 17th Floor P.O. Box 391 Wilmington, DE 19899 and that I caused copies to be served upon the following in the manner indicated: BY HAND Josy W. Ingersoll Young, Conaway, Stargatt & Taylor, LLP The Brandywine Building 1000 West Street, 17th Floor P.O. Box 391 Wilmington, DE 19899 BY FACSIMILE Thomas J. Meloro, Esquire Kenyon & Kenyon One Broadway New York, NY 10004 /s/ Rodger D. Smith II Rodger D. Smith II (#3778) Morris, Nichols, Arsht & Tunnell 1201 N. Market Street, P.O. Box 1347 Wilmington, DE 19899 (302) 658-9200 [email protected] Attorneys for Defendants