Free Reply to Response to Motion - District Court of Delaware - Delaware

Case 1 :07-cv-00446-SLR Document 9 Filed O3/05/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ANTHONY M. PATERNOSTER :
Plaintiff,
v. CIVIL ACTION NO. 07-446 (SLR)
SUPERVALU, INC. dfbfa ACME
MARKETS, INC. and ACME :
MARKETS INC. : JURY TRIAL DEMANDED
Defendants.
DEFENDANTS’ REPLY IN
SUPPORT OF THEIR MOTION TO TRANSFER VENUE
BUCHANAN INGERSOLL & ROONEY PC
Jennifer M. Beenel-Guzzo (#4492)
1000 West Street, Suite 1410
Wilmington, DE 19801
(302) 552-4200
[email protected]
Dated; March 5, 2008 Attorneys for Defendant SU PERVALU,
dfb/21 Acme Markets, Inc. and Acme Markets, Inc.

Case 1:07-cv-00446-SLR Document 9 Filed O3/05/2008 Page 2 of 3
I. INTRODUCTION
Defendants SUPERVALU INC. dfbfaf Acme Markets, inc. ("SUPERVALU") and
Acme Markets, Inc. ("Acme") tile this Reply in Support of Their Motion to Transfer Venue from
the United States District Court for the District of Delaware to the United States District Court
for the Eastern District of Pennsylvania, `Philadelphia Vicinage.
II. ARGUMENT
A. Plaintiff Has Waived the Opportunity to Respond
Defendants tiled and served their Motion and supporting papers on January 10,
2008. Plaintir`i‘s response was due on January 28, 2008. See D.I. #8. To date, Plaintiff has not
tiled a response to Defendants Motion and, therefore, has waived the opportunity to do so.
B. This Matter Should Be Transferred to the Eastern District 0l`.PCIlDS\’lVE1l"ll3
As set forth fully in Defendants Memorandum of Points and Authorities in
Support of Their Motion to Transfer Venue, the venue of this matter should be transferred for
two reasons. First, venue should be transferred pursuant to 28 U.S.C. § l406(a) because venue is
improper in the District ot`Delaware, and proper in the Eastern District of Pennsylvania, pursuant
to the venue requirements of the ADA. Second, venue should be transferred pursuant to 28
U.S.C. § l404(a) because the Eastern District of Pennsylvania is a substantially more convenient
venue for this matter than the District of Delaware, and litigating Plaintiffs claims in the District
of Delaware would impose an unusual burden on the Defendants.
lll. CONCLUSION
For the foregoing reasons, Defendants respectfully request that this Court grant
their Motion to Transfer Venue to the United States District Court for the Eastern District of
Pennsylvania, Philadelphia Vicinage pursuant to 28 U.S.C. § l4U6(a) and/or 28 U.S.C. §
l404(a).

Case 1:07-cv-00446-SLR Document 9 Filed O3/05/2008 Page 3 of 3
In addition, because Plaintiff has failed to even address Defendants arguments
with a response, Defendants respectfully request their attorneys fees and costs incurred in having,
to tile their Motion.
Respectfully submitted,
BUCHANAN INGERSOLL & ROON EY PC
BY: fsf Jenniter Becnel-Guzzo
Jennifer M. Becnel-Guzzo (#4492)
1000 West Street, Suite 1410
Wilmington, DE 19801
(302) 552-4200
[email protected]
Dated: March 5, 2008 Atz‘0rney.sfbr Defévndcxnt SUPER VALU;
d/b/a Acme Markets, Imc.
and Acme Markets, In c
2

Case 1:07-cv—00446-SLR Document 9-2 Filed 03/05/2008 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ANTHONY M. PATERNOSTER :
Plaintiff,
v. : CIVIL ACTION NO. 07-446
SUPERVALU, INC. d/b/a ACME
MARKETS, INC. and ACME :
MARKETS INC. : J URY TRIAL DEMAN DEI)
Defendants.
CERTIFICATE OF SERVICE
I, Jennifer M. Becnel-Guzzo , do hereby certify that on this 5th day ofl\/lareh, 2008, I
electronically tiled Defendants Reply in Support of Their Motion to Transfer Venue, using
CMKECF and also served two copies, via tirst class mail, postage prepaid, to:
Herbert G. Feuerhake, Esquire
521 West Street
Wilmington, DE 19801
BUCHANAN INGERSOLL & ROONHY PC
BY: /s/ Jenniler Becnel-Guzzo
Jennifer M. Beenel-Guzzo (#4492_)
1000 West Street, Suite 1410
Wilmington, DE 19801
(302) 552-4200
[email protected]
A ttomeysjiir .{)ejEnd¢m! SUPER VA L CL
d/EJ/cz Acme Markets, Inc.
and Acme Markets, Inc.
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