Free Letter - District Court of Delaware - Delaware

Case 1 :06-cv—00725-GIVIS Document 26 Filed 11/15/2007 Page 1 of 2
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O1'1`1Sl3IT1€S LLP
James H. McMackin, III
$02888.5849
[email protected]
November 15, 2007
VIA E-FILING
The Honorable Gregory M. Sleet
United States District Court
Federal Building
844 King Street
Wilmington, DE 19801-3570
RE: Kenneth S Mitchell v. Wachovia Corporation, et al.
Civil Action No. 06-725 GMS
Dear Judge Sleet:
I am writing to you concerning the enclosed Stipulation for an extension of time
to complete discovery in the above-referenced matter. The parties have undertaken to exchange
and complete some discovery. Documents have been exchanged, two depositions have occurred,
and the parties have exchanged interrogatory responses. More depositions are planned and
follow-up written discovery may be needed.
The purpose of my letter is to request an extension of the discovery cut-off (which
is currently November 30, 2007) because counsel for all parties do not reasonably foresee
discovery being completed by the discovery cut-off. Specifically, Mr. Mitchell is a commander
in the U.S. Navy who serves in the Naval Reserve. He is assigned duty at the Patuxent Naval Air
Station in Maryland where he spent several weeks during October and several days this month,
and it is anticipated that he will have additional service obligations over the next several months
as well. Mr. Mitchell’s deposition was originally sought during October, but he was unavailable
due to his service. In light of the consideration owed to Mr. Mitchell’s service to his country, we
did not more aggressively pursue his responses to written discovery (which we received recently)
or his deposition. In light of the foregoing, we respectfully request an extension of time Lmtil
January 15, 2008 to complete discovery. We are asking for this lengthy extension due to the
numerous schedules which must be coordinated for depositions, Mr. Mitchell’s continuing
service obligations, and the holidays and related vacations which are expected to preclude
depositions during a substantial part of December.
500 Delaware Avenue, Suite 1500 | Wilmington, DE 19801-1494 T 302.888.6800 F 302.57].1750
Mailing Address P.O. Box 2306 | Wilmington, DE 19899-2306 www.m0rrisjames.com

Case 1:06-cv—00725-G|\/IS Document 26 Filed 11/15/2007 Page 2 of 2
Monisjarnesttp
The Honorable Gregory M. Sleet
November 15, 2007
Page 2
Counsel for Mr. Mitchell agrees with this request.
Respectfully submitted,
J cMackin, III
(Bar I.D. #4284)
JHM/jam
Enclosure `
cc: Steven F. Mones, Esquire (W/enc.) (via e-filing)
Devjani Mishra, Esquire (w/enc.) (via e-mail)
Clerk of the Court (w/enc.) (via e-tiling)
1632005/l