`M O R R I S , N I C H O L S , A R S H T & T U N N E L L L L P
`1201 NORTH MARKET STREET
`P.O. BOX 1347
`WILMINGTON, DELAWARE 19899-1347
`
`
`
`(302) 658-9200
`(302) 658-3989 FAX
`
`September 27, 2016
`
`VIA ELECTRONIC FILING
`
`STEPHEN J. KRAFTSCHIK
`(302) 351 9378
`(302) 498 6233 fax
`skraftschik@mnat.com
`
`
`
`The Honorable Richard G. Andrews
`United States District Court
` For the District of Delaware
`844 North King Street
`Wilmington, DE 19801
`
`Acceleration Bay LLC
`C.A. Nos. 15-228 (RGA); 15-282 (RGA); and 15-311 (RGA)
`
`
`
`Re:
`
`
`
`Dear Judge Andrews:
`We write on behalf of Defendants in response to Plaintiff’s September 16, 2016 Notice of
`Supplemental Authority. The subject of Plaintiff’s Notice, the Northern District of California’s
`order transferring the declaratory judgment actions to the District of Delaware (the “Order”), is
`not germane to Defendants’ motion for attorneys’ fees in the above-captioned actions (e.g., D.I.
`161 in C.A. No. 15-228).
`Acceleration Bay argues that “Based on Judge Seeborg’s holding that the issues and
`parties are the same in the 2015 and 2016 Acceleration Bay actions, there is no requisite
`‘material alteration of the legal relationship of the parties necessary to permit an award of
`attorney’s fees.’” As explained in Defendants’ motion and reply briefs, however, Defendants are
`prevailing parties under both CRST Van Expedited, Inc. v. E.E.O.C., 136 S. Ct. 1642 (2016), and
`Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep’t of Health & Human Res., 532 U.S. 598,
`603-04 (2001). Judge Seeborg’s Order does not address either of those cases, or the prevailing
`party issue, or otherwise implicate the positions Defendants advanced on that issue
`To the contrary, Judge Seeborg expressly cabined his holding to the “first to file” issue
`that was before him. He noted that “the relation back doctrine, strictly construed, may not
`technically apply” but nevertheless concluded that “AB will not be precluded from ‘relating
`back’ to the original complaints for purposes of the first-to-file rule on this particular record.”
`Order at 7 n.3 & 8 (emphasis added).
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Stephen J. Kraftschik
`
`Respectfully,
`
`
`
`
`
`
`
`
`
`SJK/dlw
`cc:
`Clerk of Court (Via Hand Delivery)
`All Counsel of Record (Via Electronic Mail)
`
`
`
`
`
`Stephen J. Kraftschik (#5623)
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
