Free Motion for Costs - District Court of Delaware - Delaware

Case 1:08-cv-00377-GMS

Document 8

Filed 07/28/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE HUNTLEY L.L.C., Plaintiff, v. MONTEREY MUSHROOMS INC., Defendant. ) ) ) ) ) ) ) ) ) )

C.A. No. 08-377 (GMS)

DEFENDANT MONTEREY MUSHROOMS' RULE 41(d) MOTION FOR COSTS OF PREVIOUS ACTION AND STAY OF CURRENT ACTION PENDING PLAINTIFF'S COMPLIANCE Defendant Monterey Mushrooms, Inc. respectfully moves this Court to order Plaintiff Huntley L.L.C. to pay $27,831.63 of the total $43,761.06 of costs incurred by Defendant in defending the previous action brought by Plaintiff, Huntley & Associates, L.L.C. v. Monterey Mushrooms, Inc., C.A. No. 07-086 (GMS), and to stay the current action until Plaintiff has complied. The grounds for this motion are fully set forth in Defendant Monterey Mushrooms' Opening Brief in Support of Its Rule 41(d) Motion for Costs of Previous Action and Stay of Current Action Pending Plaintiff's Compliance, filed contemporaneously herewith. WHEREFORE, Defendant Monterey Mushrooms, Inc. respectfully requests this Court to grant its motion and to enter an order in the form attached hereto.

Case 1:08-cv-00377-GMS

Document 8

Filed 07/28/2008

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MORRIS, NICHOLS, ARSHT & TUNNELL LLP

/s/ Thomas C. Grimm
___________________________________ Thomas C. Grimm (#1098) Benjamin J. Schladweiler (#4601) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 (302) 658-9200 [email protected] Attorneys for Defendant Monterey Mushrooms Inc.

OF COUNSEL: Ricardo Rodriguez Reuben Chen COOLEY GODWARD KRONISH LLP Five Palo Alto Square 3000 El Camino Real Palo Alto, CA 94306-2155 (650) 843-5000 July 28, 2008
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Case 1:08-cv-00377-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE HUNTLEY L.L.C., Plaintiff, v. MONTEREY MUSHROOMS INC., Defendant. ) ) ) ) ) ) ) ) ) )

C.A. No. 08-377 (GMS)

[PROPOSED] ORDER The Court having considered Defendant Monterey Mushrooms' Rule 41(d) Motion for Costs of Previous Action and Stay of Current Action Pending Plaintiff's Compliance, and the parties' arguments in support of and opposition to the motion, IT IS HEREBY ORDERED that Defendant Monterey Mushrooms' Rule 41(d) Motion for Costs of Previous Action and Stay of Current Action Pending Plaintiff's Compliance is GRANTED. Plaintiff Huntley L.L.C. shall pay the sum of $27,831.63 to Defendant Monterey Mushrooms, Inc. This action is stayed pending Plaintiff's compliance with the Court's Order.

Dated: _______________

___________________________________ United States District Judge

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Filed 07/28/2008

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CERTIFICATE OF SERVICE I hereby certify that on July 28, 2008, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF which will send notification of such filing to all registered participants. I also certify that on July 28, 2008, true and correct copies of the foregoing were caused to be served upon the following individuals in the manner indicated: BY E-MAIL & HAND-DELIVERY Donald W. Huntley HUNTLEY & ASSOCIATES 1105 North Market Street Wilmington, DE 19899-0948

/s/ Thomas C. Grimm
Thomas C. Grimm (#1098) [email protected]
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