Free Response to Motion - District Court of Delaware - Delaware

Case 1:06-cv—00770-JJF Document 57 Filed 06/06/2008 Page 1 of 2
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DEPARTMENT OF JUSTICE °lV'LErlJr`§€S %[§i§$€`g6;1 §
JOSEPH R. BIDEN, ru 102 W|I§§¥ll'\,'?¤tTIlJEJ§·S\fFREET °R'M"`”;lr>?'r3€-lfirélgrirs ` I
ATTORNEY GENERAL DOVER, DELAWARE 19904 Trvraoznss-1545 E
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June 6, 2008
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The Honorable Joseph J. Farnan, Jr.
U.S. District Court for the District of Delaware
844 North King Street, Room 4209
Lock Box 18
Wilmington, DE 19801 g
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RE: Board of Education ofthe Appoquinimink g
School District, et. al., v. SQJV, g
Civil Action No. 06-770-JJF
Dear Judge Farnan:
The purpose of this correspondence is to notify the Court that the Delaware
Department of Education (“Department") takes no position with regard to the Motion to
Stay Pending Appeal filed by Defendants Julie and Samuel Quinton Johnson, IV, parents
of SQJV ("Parents"). On April 15, 2008, this Court entered Judgment granting the §
Motion for Summary Judgment in favor of the plaintift] Board of Education of
Appoquinimink School District; however, the Court also granted the Parents’ motion to
dismiss the Department from this matter.
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On May 14, 2008, the Parents tiled a Notice of Appeal. The undersigned has
continued with Parents’ counsel that Parents are not appealing the portion of the Order
that dismissed the Department from this matter. In addition, the Department has not
appealed this portion of the Order. Accordingly, the Department maintains that it not a
real party in interest to this proceeding. Accordingly, the Delaware Department of
Education will not participate in these proceedings unless otherwise directed by the
Court. i
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Case 1:06-cv—00770-JJF Document 57 Filed 06/06/2008 Page 2 of 2
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Thank you for your consideration.
Respect submitted, y
Ma L .Coo e E
q Deputy Attorney General
na aa no 3441 Q
Cc: Bruce L. Hudson, Esq.
Wayne D. Steedman, Esq.
Michael P. Stafford, Esq. i
Martha Toomey
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