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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 MOTION FOR LEAVE TO FILE A SURREPLY BRIEF 

IN OPPOSITION TO 

DEFENDANT’S MOTION TO DISMISS

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

Esquire, respectfully request this Honorable Court leave to file a surreply brief in opposition to

Defendant’s Motion to Dismiss on the following grounds: 

1. Defendant HCI Direct moved this Court for leave to file a reply brief in support of

its motion to dismiss Plaintiff’s complaint on September 26, 2003.

2. Plaintiff filed and served a Response in opposition of Defendant above reference

motion on September 29, 2003.

Case 2:02-cv-04347-BWK Document 27 Filed 10/10/2003 Page 1 of 4
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3. This Court granted Defendant’s motion for leave on October 2, 2003.

4. Defendant filed and served its Reply memorandum of law in support of its motion

to dismiss on October 8, 2003.

5. Plaintiff seeks to clarify Defendant’s factual errors relating to party admissions,

actual knowledge, timing, rules of evidence and the like.

6. Plaintiff seeks to file a Surreply Brief substantially similar to what is attached and

herein incorporated as Exhibit “A”.

WHEREFORE, Plaintiff Martha Steele respectfully request this Honorable Court grant

her leave to file a Surreply Brief in Opposition to Defendant’s 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: October 10, 2003

Case 2:02-cv-04347-BWK Document 27 Filed 10/10/2003 Page 2 of 4
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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 to Dismiss was made on the 10 day of October, th

2003 to below named counsel for Defendant 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: October 10, 2003

Case 2:02-cv-04347-BWK Document 27 Filed 10/10/2003 Page 3 of 4
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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

Plaintiff’s Motion for Leave to File a Surreply Brief in Opposition of to Defendant’s Motion to

Dismiss, it is hereby ORDERED that Plaintiff’s Motion is GRANTED. Plaintiff may file a Surreply

Brief on or about , 2003. 

BY THE COURT:

__________________________________

BRUCE W. KAUFFMAN, J.

Case 2:02-cv-04347-BWK Document 27 Filed 10/10/2003 Page 4 of 4