Free Letter - District Court of Delaware - Delaware

· Case 1 :07-cv—OOO34-SLR Document 5 Filed O2/07/2007 Page 1 of 2
David J. Buchanan
34E[B I·L1ds0r1 Rd.
Lauei, DE 1%%
February 4, 2007 K.-J..
The Honorable Sue L. Robinson l _ ji £
U.S. District Court, Delaware ” `“` M "" i f i
844 King Street ,,,._ ,,,,,,,,.,,..m.,E..f l i
wiriningten, DE 19801
Reference: Case No. 06-711-SLR, Case No. 07-34-SLR @0 Sew " ' J
Your Honor: ,
Contemporaneously with this letter, 1 have filed afldbtion to Compef Discovery,
and an answer opposing any enlargement of time to answer the complaint tiled by Kristen
S. Gibbons, where Ms. Gibbons, as well as other tortfeasors, has established a landscape
for deiense purporting an expected dismissal ofthe case. lt is my understanding that any
dismissal pursuant to Civil Rule 12(b)(6) must be decided solely upon the allegations set
tbrth in the complaint, and not due to argument provided in an answer or motion to
dismiss, and where tortfeasors are equally and jointly liable in this litigation, any motion
to dismiss must encumber the Deiendants as joint, tbrfeiting privileged exclusion by any .
single tortfeasor from litigation in order to comply with the “‘5i‘andm·d cf Review ”
concerning dismissal of a case. Claims supporting any dismissal pursuant to the doctrine
of Res Judicata, Judicial Estoppel, and/or special consideration are argumentative in
nature requiring a separate motion, and tail the conditions allowing dismissal pursuant to
the "Standard o_fReview
With regards to providing discovery pursuant to Civil Rule 26, it is my
expectation that the Court recognize that any delay in providing discovery in response to
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Case 1:07-cv-00034-SLR Document 5 Filed O2/07/2007 Page 2 of 2
a request for discoveiy, addressed to a single tortfeasor, only stands to delay proceedings,
add cost to litigation, and interfere with process of law where conspiracy to interfere with
rights is core to the complaint, where any such discovery can be otherwise obtained by
subpoena from parties not liable in such litigation.
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D anan
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