Free Letter - District Court of Delaware - Delaware

1 Case 1 :07-cv—001 29-IVI PT Document 23 Filed 08/O3/2007 Page 1 of 2
’ Law Offices of
YOUNG, MALMBERG & HOWARD, P.A. .
. Professional Association
» 30 The Green
Dover, Delaware 19901
X www.youngmahnberg.com
Kenneth J. Young Phone: (302) 672-5600
Constantine F; Malmberg, III Fax: (302) 674-0549
Kevin M. Howard
_ Ronald G. Poliquin
August 3, 2007
VIA EFILE ·
- The Honorable Mary Pat Thynge
! U.S. District Court
l District of Delaware .
l 844 N. King Street
I Wihnington, DE 19801
—1 RE: J _AShannon A. Laymon v. Lobby House, Inc.
, if “`C.A. No. 07-129 MPT l .
i_f'Dispute concerning Written Statement of Damages
· `E`;_Requirement pursuant to D.Del. LR 9.4(b)
Dear Judge Thynge:
Pursuant to your Scheduling Order, this letter is defendant’s letter outline of the
1 _ discovery dispute between the two parties.
I I The dispute is whether plaintiff has adequately responded to defendant’s request
for a written statement of damages as required by D.Del. LR 9.4(b)1.
i · On J 22, 2007, defendant requested a written statement of the amount of
` damages claimed within ten (10) days of the letter. Plaintiffs counsel responded on July
l 3, 2007 stating that Plaintiff is claiming unliquidated damages in the amount of
< I RULE 9.4. Pleading Claim for Unliquidated Damages.
, (a) Demand for damages. A pleading setting forth a claim for relief in the _
l nature of unliquidatedwmonetary damages shall state in the ad damnum clause a demand
specifying the nature of the damages claimed, e.g., "compensatory," "punitive," or both,
but shall not claim any speciiic sum. The statement of jurisdiction required by Fed. R. »
9
( Civ. P. 8(a)(1) shall set forth any minimum amount needed to invoke jurisdiction of the
I Court, but no other. 7
1 (b) Statement of damages. Within 10 days after service of a written request
l by another party, the party tiling the pleading shall fumish the requesting party with a
Q written statement of the amount of damages claimed. Unless required by Court order,
; such statement shall not be iiled with the Court.
1 ‘ P
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I Case 1 :07-ci/-00129-IVIPT Document 23 Filed 08/O3/2007 Page 2 of 2
I $5 00,000.00. The letter also noted that the amounts of damages that may actually be
I awarded to Plaintiff concerning claims pursuant to Title VII are limited by 42 U.S.C.
I 198la b 3 . The statement also did not include Plaintiffs claims for liquidated
amages, a orney ees, an cos s.
I d tt ‘ r C1 r
` ~
Defendant finds the statement deficient in that D.Del. LR 9.4(b) requires a written
. statement of damages, not simply liquidated damages. Here, the damages claimed are
' largely contractual in nature and therefore quantifiable. The plaintiff is claiming backpay,
· front pay, attorney fees, lost wages, and lost future earnings.
‘ D.Del. LR 9.4(b) follows former Delaware Local Rule 2.6. The sole case found
citing Local Rule 2.6 is Kellam Energy, Inc. v. Duncan, which indicates that the rule was
I intended to require a "rough estimate of damages" not simply an estimate for
I unliquidated damages (unless that’s all the plaintiff is claiming). The Kellam Court states,
I Rule 2.6 of the.Local Rules of Civil Procedure, District of Delaware, also allows for a
J rough estimatepf damages (a claim for relief in the nature of unliquidated money
I damages need not state a specific sum). 1986 WL 15744 (D.Del.). _
I Plaintiffs position is that Rule 9.4(b) only addresses unliquidated damages.
However, 9.4(b) is broadly written and encompasses all damages claimed by the plaintiff.
I It would make little sense for the rule to only encompass unliquidated damages since by
I their very definition, unliquidated damages are not exactly ascertained.
Thank you for your assistance. U
Very truly yours,
/s/ Ronald G. Poliquin
l {
I ; Q '
Ronald G. Poliquin, Esquire
I.D. No. 4447 Q
RGP/gss f
I cc: The Lobby House
Noel Primos, Esquire
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