BRAGG v. LINDEN RESEARCH, INC. et al

Filing 36

RESPONSE in Opposition re 34 MOTION for Leave to File Supplemental Briefs in Opposition to Defendants' Motions to Dismiss and to Compel Arbitration to Address Issues Raised by the Court at Argument on February 5, 2007 filed by LINDEN RESEARCH, INC., PHILIP ROSEDALE, CERTIFICATE OF SERVICE. (SOVEN, ANDREW) Modified on 2/9/2007 (afm, ).

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BRAGG v. LINDEN RESEARCH, INC. et al Doc. 36 Case 2:06-cv-04925-ER Document 36 Filed 02/08/2007 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MARC BRAGG, Esq., an individual, Plaintiff, v. LINDEN RESEARCH, INC., a corporation, and PHILIP ROSEDALE, an individual, Defendant. : : : : : : : : : : : : CIVIL ACTION Case No. 06-4925 DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEFS Defendants Linden Research, Inc. and Philip Rosedale oppose Plaintiff's Motion For Leave to File Supplemental Briefs Related to Defendants' Motion to Compel Arbitration and Mr. Rosedale's Motion to Dismiss for Lack of Personal Jurisdiction. For the following reasons, Plaintiff's Motion should be denied. 1. The Court needs to put an end to Plaintiff's waffling ­ and inconsistent litigation positions. At oral argument on February 5, 2007, Plaintiff's counsel represented to the Court that his client was withdrawing all of his damages claims and that he wished to be granted leave to file an amended complaint reflecting that waiver. The Court invited Plaintiff to file his proposed amended complaint. Plaintiff has failed to provide the promised proposed pleading. Instead, Plaintiff seeks to file more briefs, apparently related to his original Complaint. Plaintiff's inconsistent conduct should no longer be countenanced. 2. The Court has been provided with substantial, thorough briefing with respect to both of Defendants' motions and heard more than two hours of oral argument earlier this week. There is no showing in Plaintiff's application as to why any further briefing is necessary or will Dockets.Justia.com Case 2:06-cv-04925-ER Document 36 Filed 02/08/2007 Page 2 of 4 be helpful, and the request itself is inconsistent with Plaintiff's position that he cannot afford arbitration. 3. The Court generously allowed Plaintiff to submit supplemental materials (i.e., the Linden Lab press releases) after oral argument that should have been submitted with Plaintiff's response brief and Plaintiff has now done so. Plaintiff should no longer be allowed to litigate through seriatim filings and this matter should be considered submitted. 4. For these reasons, Plaintiff's Motion should be denied and Plaintiff should be deemed to have waived any proposed amendment to the Complaint for the purposes of the motions to compel arbitration and motion to dismiss for lack of jurisdiction. Respectfully submitted, /s Andrew J. Soven (/AS 955) Scott D. Baker Andrew J. Soven Andrea B. Weingarten REED SMITH LLP 2500 One Liberty Place Philadelphia, PA 19103-7301 (215)851-8100 Dated: February 8, 2007 Case 2:06-cv-04925-ER Document 36 Filed 02/08/2007 Page 3 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA : : : : : : : : : : : : MARC BRAGG, Esq., an individual, Plaintiff, v. LINDEN RESEARCH, INC., a corporation, and PHILIP ROSEDALE, an individual, Defendants. CIVIL ACTION Case No. 06-4925 ORDER AND NOW, this __ day of ___________, 2007, upon consideration of Plaintiff's Motion for Leave to File Supplemental Briefs, and the opposition of Defendants thereto, it is hereby ORDERED and DECREED that the Motion is DENIED. It is FURTHER ORDERED that Plaintiff shall not be permitted to seek leave to file an amended complaint in response to Defendants' motions to compel arbitration and motion to dismiss for lack of personal jurisdiction. ________________________________ ROBRENO, J. Case 2:06-cv-04925-ER Document 36 Filed 02/08/2007 Page 4 of 4 CERTIFICATE OF SERVICE I, Andrew J. Soven, hereby certify that Defendants Linden Research, Inc. and Philip Rosedale's Response in Opposition to Plaintiff's Motion for Leave to File Supplemental Briefs has been filed electronically this 8th day of February, 2007, and is available for viewing and downloading from the federal court's Electronic Case Files system. A copy of the foregoing has also been served today by ECF upon the following counsel: Jason A. Archinaco, Esquire White and Williams LLP The Frick Building 437 Grant Street, Suite 1001 Pittsburgh, PA 15219 "s"/ Andrew J. Soven

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