Free Opening Brief in Support - District Court of Delaware - Delaware

Case 1 :04-cv-01538-SLR Document 77-3 Filed 09/19/2005 Page 1 of 2
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STATE OF DELAWARE
DEPARTMENT OF JUSTICE _
NEW CASTLE COUNTY KENT COUNTY SUSSEX COUNTY
Carvel State Building 102 West Water Street 114 E. Market Street
820 N. French Street Dover, DE 19901 Georgetown, DE 19947
Wilmington, DE 19801 Criminal Division (302) 739-4211 (302) 856-5352
Criminal Division (302) 577-8500 Fax! (302) 739-6727 Fax: (302) 856-5369
Fax: (302) 577-2496 Civil Division (302) 739-7641 TTY: (302) 856-4698
Civil Division (302) 577-8400 Fax: (302) 739-7652
Fax: (302) 577-6630 TTY: (302) 739-1545
TTY: (302) 577-5783
PLEASE REPLY TO iwilmiflgtfm (302) 577*8510
September 16, 2005
Hon. Sue L. Robinson
United States District ludge
District of Delaware
Lock Box 31
844 King Street
Wilmington, DE 19801
Re: Vascek v. United Parcel Service, Inc. and Bard
C.A. No. 04-1538
Dear ludge Robinson:
I am writing on behalf of Cpl. leffrey Weaver in my capacity as counsel for the Delaware
State Police. l.n that capacity, l have reviewed the Motion for Protective Order to be filed
on behalf of the defendant, United Parcel Service, Inc., in the ab0ve—referenced lawsuit. I
have discussed this unfort1.1nate situation with Cpl. Weaver. On behalf of Cpl. Weaver
and the Delaware State Police, I ask the Court to grant the relief sought in the Motion.
Cpl. Weaver should not be compelled to give further deposition testimony in this case.
(He understands, of course, that he may be called to testify as a witness at trial.)
Cpl. Weaver investigated the accident giving rise to the above-referenced lawsuit, in his
capacity as a member of the Fatal Accident Investigation and Reconstruction team of the
Delaware State Police. As Your Honor is aware, Cpl. Weaver's primary responsibility is
to pursue accident investigations, as well as to work with the Department of lustice in
prosecutions where warranted. While he is frequently called upon to testify in civil
cases arising from vehicle accidents, he ”has no dog in this fight". He is a neutral
observer with nothing to gain or lose by virtue of the lawsuit.

Case 1 :04-cv-01538-SLR Document 77-3 Filed 09/19/2005 Page 2 of 2
The record reflects that Cpl. Weaver has been deposed as an expert witness for over ten
hours of testimony (some 581 pages of deposition transcript) on two dates, adjusting his
schedule for the convenience of counsel. It should be noted that he attempted to
cooperate with counsel on short notice, and at a particularly busy time for him, despite
other obligations. For hint, this now understandably seems to be a case of ”no good
deed goes unpunished". As recited in the Motion, he has unfortunately been subjected
to abusive tactics on the part of plaintiffs counsel. I fear that the transcript does not
adequately convey this behavior. In terms of duration and discourtesy, to say the least,
it is well beyond what, in my experience, this Court would tolerate.
I have advised Cpl. Weaver that he should, of course, abide by whatever Order the
Court may enter with respect to discovery in this case. However, I have also advised
him that he should not appear, for a third time, voluntarily, until the situation has been
resolved.
I am at the Court’s disposal with respect to the role of Cpl. Weaver in this case.
Respectfully submitted,
Ralph K. Durstein, III [ID #921]
Deputy Attorney General
Department of ]ustice
State of Delaware
820 North French Street
Wilmington, DE 19801