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1
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PLAINTIFFS REPLY MEMORANDUM IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT
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EXTRACTED KEY WORDS
RESPONSE PLAINTIFFS ICI INDIVIDUAL DEFENDANTS REQUESTS SULLIVAN MONHAIT AFF MOTION JUDGEMENT CONTROL ESQUIRE DELAWARE COUNTY TERSIGNI OBLIGATION KSP VIRGINIA FAIRFAX COUNTY VIRGINIA STORAGE STORAGE FACILITY REVIEW REPRESENTATION COURT CORPORATE RECORDS COMMUNICATIONS ORIGINALS POSSESSION KIM DIRECTORS |
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
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MITCHELL I. BENEROFE and :
RONALD J. OLECK, :i
Plaintiffs, :: Civil Action No. 14614 NC
V. :
JUNG WOONG CHA, CHANG KIM, :
DONALD WINSTEAD, and :
INORGANIC COATINGS, INC., ::
Defendants. :
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PLAINTIFFS' REPLY MEMORANDUM
IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT
Plaintiffs respond to Defendants' Opposition to their
Motion For Default Judgment as follows:
1. Mr. Yi is incorrect in stating (Yi Aff. 910) that
his offer of inspection of 20 boxes of Inorganic Coatings, Inc.
("~~~~') corporate records stood open for eight months without any
response from the plaintiffs. By letter dated March 25, 1999 from
Mr. Monhait to Mr. Sullivan (attached as Exhibit A), plaintiffs
promptly protested defendants' "box car" response to plaintiffs'
document requests. Defendants did not respond to this letter.
Plaintiffs protested defendants' delay again by letter from Mr.
Tersigni to Mr. Yi dated November 23, 1999 (Monhait Aff. Ex. 2). As
further explained in Mr. Monhait's January 20, 2000 letter to the
Court (Monhait Aff. Ex. 5), a whole series of communications, both
by telephone and letter, thereafter occurred and culminated in Mr.
Yi's unequivocal and unconditional promise, by letter dated
December 7, 1999 (Monhait Aff. Ex. 3), that defendants would comply
"fully" with the Court's March 15, 1999 Order. Defendants have
failed to live up to that assurance.
2. Mr. Yi fails to comment upon either Mr. Monhait's
letter dated January 20, 2000 (Monhait Aff. Ex. 5) or Mr. Tersigni's
letter of January 17, 2000 to Mr. Yi (Monhait Aff. Ex. 4), both of
which again reminded Mr. Yi of defendants' obligation to comply
with this Court's Order.
3. In addition to ICI, Mr. Yi represents the three
individual defendants in the action. No affidavit from any of the
individual defendants has been submitted denying custody or control
of the documents requested. Copies or duplicate originals of at
least some of the documents in question would ostensibly be within
the possession or control of the individual defendants (m,
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