Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00239-JJF Document 46 Filed O1/15/2008 Page 1 of 1
BALICK § BAUCK tic
ATTORN ers
January l5· 2008 smney Eanek
HAND DELIVERED Adam B*"‘°k
The Honorable Joseph J. Farnan Jamss Bmw
J. Caleb Boggs Federal Building Jcscph Noylo.
844 N. King Street
Room 4124
Lockbox 27
Wilmington, DE 19801
Re: Richard E. Clark, Jr. v. Warden Raphael Williams, etal.
CA. No. 07-239 JJF
Dear Judge Farnan:
I represent Correctional Medical Services, Inc. ("CMS") with respect to certain claims
filed against it arising from provision of medical services in the Delaware State Prison System.
The above—referenced case was brought to my attention recently. While my review of the record
leads me to believe that CMS is NOT a party to that suit, I am writing to you in an abundance of
caution to request clarification of the identity of defendant parties to this action.
Mr. Clark’s pleadings identify a number of individuals as defendants. (D.I. l, Raphael
Williams, Lt. Sheets, Mr. Smith; D.I. 8, dismissing Smith and adding Dr. MacDonald and Mr.
Welch; D.I. ll adding Dr. Binnion, D.I. 34 dismissing MacDonald), but none of them appears to
name CMS as a party defendant. My concern here arises from two items on the docket: D.I. 18
is the Court’s October 18, 2007 Order in which CMS is ordered to respond to Plaintiffs Motion
for Temporary Restraining Order and Preliminary Injunction (D.I. 14) and D.I. 20 references an
"acknowledgement of service form for service by return receipt" which appears to show that on
October 22, 2007 some item was mailed to and accepted by CMS.
Despite the docket entries to the contrary, I do not believe that CMS was ever named as a
defendant in this action, but am concerned that I have missed something that would jeopardize
my client. If the Court views the Plaintiffs pleadings as stating a claim against CMS, please so
advise so that I can enter my appearance on its behalf and defend this case.
Res ctfully bmitted,
J'?
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JD/iz
cc: Erica Y. Tross, Esquire JAN il 52%%
Mr. Richard E. Clark, Jr. ,_ . ...,
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