UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

)
MIB GROUP, INC., JAMES F. COOK, LEE B. )
OLIPHANT, and JAMES S. CORBETT, )
)
Plaintiffs, )
CIVIL ACTION NO.
)
v. 06-CV-10662 (NMG)
)
)
FEDERAL INSURANCE COMPANY, )
)
Defendant. )
)

PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO MOTION

OF DEFENDANT FEDERAL INSURANCE COMPANY FOR LEAVE TO
FILE REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS

The plaintiffs MIB Group, Inc., James F. Cook, Lee B. Oliphant, and James S. Corbett

(the “MIB Insureds”) oppose the defendant Federal Insurance Company’s (“Federal”) motion for

leave to file a reply brief in support of its motion to dismiss. Federal, as the moving party, had

the opportunity to raise its arguments in support of its motion to dismiss in its original

memorandum of law. It should not now be allowed a reply brief simply to raise the arguments it

could have, but failed to, raise in its original memorandum.

In the alternative, should Federal’s motion be allowed, the MIB Insureds respectfully

request that they be permitted to file a surreply memorandum, not to exceed five pages, within

five days of Federal’s filing of its reply memorandum.

WHEREFORE, for the foregoing reasons, the plaintiffs respectfully submit that the

defendant’s motion for leave to file a reply brief should be denied, or, in the alternative, the
plaintiffs should be granted leave to submit a five-page surreply within five days of Federal’s

filing of its reply brief.

Respectfully submitted,

MIB GROUP, INC., JAMES F. COOK,

LEE B. OLIPHANT, and JAMES S.
CORBETT

By their attorneys

/s/ Robert B. Foster

Robert B. Foster, BBO 563347
Donald R. Pinto, Jr., BBO 548421
Rackemann, Sawyer & Brewster
One Financial Center
Boston, Massachusetts 02111-2659
(617) 542-2300

Dated: May 18, 2006