Free Letter - District Court of Delaware - Delaware

Case 1 :07-cv-00338-JJF Document 9 Filed 06/28/2007 Page 1 of 2
John Sheehan Spadaro, LLC
ATTORNEY AT LAW
724 YORKLYN ROAD, SUITE 375
HOCKESSIN, DELAWARE 19707
TELEPHONE: 302.235.7745
FACSIMILE: 302.235.25SS
JSPADAROGJOHN5HEEHANSPADARO.COM
June 28, 2007
BY ELECTRONIC FILING
The Honorable Joseph J. Farnan, Jr.
United States District Court for the District of Delaware
844 North King Street
Wilmington, DE 19801
RE: Homsey v. Vigilant Ins. C0.
C.A. N0. 07-338JJF
Dear Judge Farnan:
I represent the plaintiffs Coleman DuPont Homsey and Ellen Homsey in this insurance
coverage case against the defendant Vigilant Insurance Company. The Homseys are not
business people, but private individuals who (as we contend) suffered a six-figure monetary loss.
Given their circumstances, the Homseys have a natural desire to expedite the case as
much as possible. At the same time, we realize that with a vacant judgeship still waiting to be
filled, this must be a time of added burden to the Court. We have therefore framed a proposal
aimed at both speed and efficiency (on the one hand) and reduced burden to the Court (on the
other).
Specifically, we propose that Vigilant's pending partial motion to dismiss (D.I. 3) be
referred to Magistrate Judge Thynge for disposition under Rule 72(b). Should the Court make
such a referral, the Homseys will waive any right to obj ect or take exception to the Magistrate
Judge‘s recommendations on that motion.]
' The Homseys have proposed to Vigilant a referral of all proceedings through and including
trial to the Magistrate Judge under Rule 73. We understand that Vigilant is still considering that
proposal. `
1441

Case 1:07-cv-00338-JJF Document 9 Filed 06/28/2007 Page 2 of 2
The Hon. Joseph J. Farnan, Jr.
June 28, 2007 _
Page 2
I hope the Court finds this proposal useful, particularly in light ofthe circumstances
described above. In any event, I am available to address any questions regarding this matter.
Respectfhlly,
/s/ John S. Spadaro
John S. Spadaro
J SS/slr
encl.
cc: Denise S. Kraft, Esq. (by electronic tiling)
144l