Medical Information Bureau Mib V Federal Insurance Corp Mibmemoredismissal2
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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS MIB GROUP, INC., JAMES F. COOK, LEE B. OLIPHANT, and JAMES S. CORBETT, Plaintiffs, v. FEDERAL INSURANCE COMPANY, Defendant.
) ) ) ) ) CIVIL ACTION NO. ) 06-CV-10662 (NMG) ) ) ) ) ) )
PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO MOTION OF DEFENDANT FEDERAL INSURANCE COMPANY FOR LEAVE TO FILE REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS The plaintiffs MIB Group, Inc., James F. Cook, Lee B. Oliphant, and James S. Corbett (the “MIB Insureds”) oppose the defendant Federal Insurance Company’s (“Federal”) motion for leave to file a reply brief in support of its motion to dismiss. Federal, as the moving party, had the opportunity to raise its arguments in support of its motion to dismiss in its original memorandum of law. It should not now be allowed a reply brief simply to raise the arguments it could have, but failed to, raise in its original memorandum. In the alternative, should Federal’s motion be allowed, the MIB Insureds respectfully request that they be permitted to file a surreply memorandum, not to exceed five pages, within five days of Federal’s filing of its reply memorandum. WHEREFORE, for the foregoing reasons, the plaintiffs respectfully submit that the defendant’s motion for leave to file a reply brief should be denied, or, in the alternative, the
plaintiffs should be granted leave to submit a five-page surreply within five days of Federal’s filing of its reply brief. Respectfully submitted, MIB GROUP, INC., JAMES F. COOK, LEE B. OLIPHANT, and JAMES S. CORBETT By their attorneys /s/ Robert B. Foster Robert B. Foster, BBO 563347 Donald R. Pinto, Jr., BBO 548421 Rackemann, Sawyer & Brewster One Financial Center Boston, Massachusetts 02111-2659 (617) 542-2300 Dated: May 18, 2006
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) ) ) ) ) CIVIL ACTION NO. ) 06-CV-10662 (NMG) ) ) ) ) ) )
PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO MOTION OF DEFENDANT FEDERAL INSURANCE COMPANY FOR LEAVE TO FILE REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS The plaintiffs MIB Group, Inc., James F. Cook, Lee B. Oliphant, and James S. Corbett (the “MIB Insureds”) oppose the defendant Federal Insurance Company’s (“Federal”) motion for leave to file a reply brief in support of its motion to dismiss. Federal, as the moving party, had the opportunity to raise its arguments in support of its motion to dismiss in its original memorandum of law. It should not now be allowed a reply brief simply to raise the arguments it could have, but failed to, raise in its original memorandum. In the alternative, should Federal’s motion be allowed, the MIB Insureds respectfully request that they be permitted to file a surreply memorandum, not to exceed five pages, within five days of Federal’s filing of its reply memorandum. WHEREFORE, for the foregoing reasons, the plaintiffs respectfully submit that the defendant’s motion for leave to file a reply brief should be denied, or, in the alternative, the
plaintiffs should be granted leave to submit a five-page surreply within five days of Federal’s filing of its reply brief. Respectfully submitted, MIB GROUP, INC., JAMES F. COOK, LEE B. OLIPHANT, and JAMES S. CORBETT By their attorneys /s/ Robert B. Foster Robert B. Foster, BBO 563347 Donald R. Pinto, Jr., BBO 548421 Rackemann, Sawyer & Brewster One Financial Center Boston, Massachusetts 02111-2659 (617) 542-2300 Dated: May 18, 2006
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