In re Restatement of Declaration Trust (Ravet Family Trust of Feb. 9, 2012)
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COURT OF CHANCERY OF THE STATE OF DELAWARE SAM GLASSCOCK III VICE CHANCELLOR COURT OF CHANCERY COURTHOUSE 34 THE CIRCLE GEORGETOWN, DELAWARE 19947 Date Submitted: April 2, 2013 Date Decided: April 12, 2013 J Jackson Shrum Archer & Greiner. P.C. 300 Delaware Avenue Suite 1370 Wilmington, DE 19801 Re: William M. Kelleher Phillip A. Giordano Gordon, Fournaris, & Mammarella, P.A. 1925 Lovering Avenue Wilmington, DE 19806 In re Restatement of Declaration Trust (Ravet Family Trust of Feb. 9, 2012), Civil Action No. 7743-VCG Dear Counsel: I have received the Plaintiff s Motion for Leave to File a Sur-Reply to the Defendants Motion to Dismiss. Upon reviewing the briefs, I have determined that the Plaintiff wishes to respond, in its proposed sur-reply, to arguments that the Defendants raised in their Opening Brief. The Plaintiff has already had an opportunity to respond to those arguments in the Plaintiff s Answering Brief. Instead of so responding, the Plaintiff filed a two-page Answering Brief which neglected to address several of the Defendants arguments for dismissal. The Plaintiff now requests leave to respond to the Defendants arguments in a surreply. The purpose of a sur-reply brief is to allow a party to respond to new arguments, raised for the first time in a reply brief. There are no such new arguments here. Therefore, the Plaintiff s Motion for Leave to File a Sur-Reply is DENIED. IT IS SO ORDERED. Sincerely, /s/ Sam Glasscock III Sam Glasscock III 2
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