Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01422-Gl\/IS Document 82 Filed O4/23/2007 Page 1 of 1
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CRSMINAL DIVISION (302} 577-8500
DEPARTMENT OF JUSUCE ¤~.tE°it".§i3il Sllféll aa.
JOSEPH R. BIDEN, lll szuNnEdxii·i;i¥i2LE|iu‘E22%iii=:iiaEr Fnxrauziirr-essa-
Arrorwer GENERAL WILMiNGTON,DEL¤.WARE19B01 rw (Sw} 5F?-HB3
April 23, 2007
The Honorable Gregory M. Sleet
United States District Court
844 N, King Street
Wilmington, DE 19801
RE: Hamilton v. Guessford, etal.
C.A. No. G4-1422-GMS
Dear Judge Sleet:
l am writing in response to Plaintiffs letter to the Court dated April 19, 2007,
[D.I. 77]. ln that letter, Mr. Aber suggests that defendants have withheld certain medical
records and he seeks a Court order directing Defendants to search for and/or produce thc
requested records.
Your Honor’s scheduling order at paragraph 3(a) has very detailed and specific
requirements for discovery disputes. Mr. Aber was supposed to contact chambers to
schedule a telephone conference and then forty-eight hours prior to the scheduled
conference, the parties are to tile "a joint, non-argumentative letter agenda not to exceed
two pages outlining the issues in disputc." Procedures were not followed by Mr. Aber.
Plaintiff’ s claim that Defendants are withholding records is a mischaracterization.
Defendants have and continue to search for Plaintiffs medical. records. Most recently,
counsel for Plaintiff was provided with medical records located in a closed file in this
office-. Just last week, undersigned counsel was in communication with personnel at the
Department of Correction to conduct yet another search for P1ainliff’ s medical file.
Thus, there is no need for an Order directing Defendants to pursue a course of
action that they have been pursuing.
Undersigned counsel is available if the Court requires additional information.
Respectfully,
fsf Eileen Kelly
Eileen Kelly
Deputy Attorney General
cc: Gary W. Aber, Esquire