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Karin M. Gunter, Esquire

PA Id No. 79852

7323 N. 21 Street st

Philadelphia, PA 19138-2107 ATTORNEY FOR PLAINTIFF,

(215) 548-9992 MARTHA STEELE

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MARTHA STEELE, :

Plaintiff :

:

v. :

: Civil Action No. 02-cv-4347

:

HCI DIRECT, :

Defendant. :

PLAINTIFF’S RESPONSE IN OPPOSITION TO 

DEFENDANT’S MOTION FOR LEAVE TO FILE A REPLY BRIEF

IN SUPPORT OF ITS MOTION TO DISMISS

Plaintiff, Martha Steele, by and through her undersigned counsel, Karin M. Gunter,

Esquire, respectfully request this Honorable Court DENY Defendant’s Motion for Leave to File a

Reply Brief on the following grounds: 

1. Plaintiff provided objective exhibits to support factual basis of her Response in

Opposition to Defendant’s Motion to Dismiss (“Response”).

2. Plaintiff’s Response focused on findings of good cause, actual notice, excusable

neglect and justifiable reliance in analyzing the legal standards for determining failure to timely

Case 2:02-cv-04347-BWK Document 24 Filed 09/29/2003 Page 1 of 5
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serve process pursuant to Fed. R. Civ. P. 4 and 12(b)(5).

3. Plaintiff, through her undersigned counsel, called directory assistance to obtain a

correct address for Defendant.

4. Defendant continues to list 3050 Tilman and 3369 Progress Drives, Bensalem,

PA as places of business, even though the Progress Drive location has closed.

5. Plaintiff justifiable relied upon Defendant’s listing of its place of business for

service of process of her Amended Complaint.

6. Defendant, by and through its counsel of record in this matter, had actual notice

of the underlying action via the Amended Complaint on July 23, 2003.

7. Upon information and belief, Defendant had actual notice of the Original

Complaint.

8. This Honorable Court is well equipped, based on the current pleadings in this

matter, to determine whether Plaintiff or Defendant misstates legal and factual bases or makes

erroneous legal and factual contentions for their positions.

9. Since the Defendant cites unreasonable and inexcusable delay in the

administration of this lawsuit, filing supplemental briefs in light of current pleadings only serves

to further delay this action.

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WHEREFORE, Plaintiff respectfully requests this Honorable Court DENY Defendant’s

Motion for Leave to File a Reply Brief to Its Motion to Dismiss.

Respectfully submitted,

KARIN M. GUNTER ATTORNEY AT LAW

/s/ Karin M. Gunter, Esq.

Karin M. Gunter, Esquire

PA Id No.: 79852

7323 N. 21 Street st

Philadelphia, PA 19138-2107

(215) 548-9992

Date: September 29, 2003

Case 2:02-cv-04347-BWK Document 24 Filed 09/29/2003 Page 3 of 5
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CERTIFICATION OF SERVICE

I do hereby certify that service of a true and correct copy of the within Plaintiff’s

Response in Opposition to Defendant’s Motion for Leave to File a Reply Brief to its Motion to

Dismiss was made on the 29 day of September, 2003 to below named counsel for Defendant th

via first class U.S. mail, postage pre-paid:

Joseph J. Centeno, Esquire

Obermayer Rebmann Maxwell & Hippell LLP

1617 John F. Kennedy Boulevard

One Penn Center, 19 Floor th

Philadelphia, Pennsylvania 19103-1895

/s/ Karin M. Gunter, Esq._____

KARIN M. GUNTER, ESQUIRE

Date: September 29, 2003

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Karin M. Gunter, Esquire

PA Id No. 79852

7323 N. 21 Street st

Philadelphia, PA 19138-2107 ATTORNEY FOR PLAINTIFF,

(215) 548-9992 MARTHA STEELE

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MARTHA STEELE, :

Plaintiff :

:

v. :

: Civil Action No. 02-cv-4347

:

HCI DIRECT, :

Defendant.

ORDER

AND NOW, this day of , 2003, upon consideration of

Defendant’s Motion for Leave to File a Reply Brief to Its Motion to Dismiss and Plaintiff’s

Response in Opposition to Defendant’s Motion for Leave, it is hereby ORDERED that

Defendant’s Motion is DENIED. 

BY THE COURT:

__________________________________

BRUCE W. KAUFFMAN, J.

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