Free Letter - District Court of Delaware - Delaware

Case 1 :00-cv—00459-JJF Document 8 Filed 08/21 /2006 Page 1 of 1
MORRIS, JAMES, HITCHENS & WILLIAMS LLP
J 222 Delaware Avenue, 10th Floor
Wilmington, Delaware 19801-1621
(302) 888-6800
Facsimile (302) 571-1750
www.mon·isjames.com
David H. Williams _ Mailing Address
(302) 888-6900 P.0. Box 2306
dwi11iams@mon·isjames.com Wilmington, DE 19899-2306
August 21, 2006
VIA E-FILING AND HAND DELIVERY `
The Honorable Joseph J. Farnan, Jr.
United States District Court
J. Caleb Boggs Federal Building
844 North King Street
Wilmington, DE 19801 _
RE: Wesley Ulmer v. The Home Depot, Inc.
Civil Action No. 06-459
Dear Judge Farnan:
We are writing to correct an ornissionto Exhibit A of the Notice of Removal filed
with the Court on July 28, 2006 (D.I. 1). Attached is page 3 of the Complaint in Wesley Ulmer v.
The Home Depot, Inc., C. A. No. 06C-06-238 PLA (Superior Court) which was missing from
Exhibit A when filing the Notice of Removal. We apologize for any inconvenience this p
omission may have caused the Court. A
Respectfully submitted,
David H. Williams
(#6 1 6)
DHW/jam _
Enclosure
cc: R. Stokes Nolte, Esquire (w/enc.) — via e-filing
Richard W. Black, Esquire (w/enc.) — via e-mail l
Clerk of the Court (w/end.) — via e-filing
Dnw/1 1 1502-0001/1447250/1
Dover (302) 678-8815 Broom Street (302) 655-2599 Newark (302) 368-4200

n l Case 1 :06-ci/-00459-JJF Document 8-2 Filed 08/21 /2006 Page 1 of l
injuries. He now has to see his doctor for treatment of his panic disorder every month, whereas
l before this incident he was only seeing him once every 3 to 4 months.
20. As a further result ofthe above-referenced incident, Mr Ulmer suffered pain and suffering _
and may continue to experience the same for an indefinite time in the future.
COUNT I- BEEACH OE COIXIQCT
Breach o u` of Good aith and Fair Dealin
21. Paragraphs 1-20 of Plaintiffs' Complaint are incorporated herein by reference as though set
forth at length. _
22. The contract of employment between Mr. Ulmer and Home Depot was subject to a duty of
good faith a.nd fair dealing by both parties thereto. ‘
23. By their actions and conduct as set forth herein, the defendants breached the duty of good
faith and fair dealing arising and accompanying Mr. Ulmer’s contract of employment with Home
l Depot. -
24. As a direct and proximate result of the conduct ofthe defendants as outlined above, Mr.
Ulmer was damaged as set forth herein. “
WHEREFORE, Plaintiff Mr. Ulmer, requests that this Court enter judgment in his favor
and against Defendant, Home Depot, in the amount of his compensatory damages, punitive
damages, litigation costs, attorney’s fees and pre-judgment interest.
_ covwr 11- Umrrvs rnvrnoms
Intentions: Malicious and anton Behavior of Defendants
25. Paragraphs 1-24 of Pla.intiffs' Complaint are incorporated herein by reference as though set
forth at length. ‘
08/is/06 FRI ll : 44 [TX/RX NO 8034]