Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01394-GMS

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THE NEUBERGER FIRM
A TTORNEYS AND C OUNSELLORS AT L AW

TWO EAST SEVENTH STREET SUITE 302 WILMINGTON, DELAWARE 19801-3707
WWW.N EUBERGERL AW.COM EMAIL: I NFO@N EUBERGERL AW.COM

T HOMAS S . N EUBERGER, ESQUIRE S TEPHEN J . N EUBERGER, ESQUIRE

PHONE: (302) 655-0582 FAX: (302) 655-9329

November 2, 2005 The Honorable Gregory M. Sleet United States District Court District of Delaware 844 King Street Wilmington, DE 19801 RE:

Via CM/ECF Filing

Conley v. Chaffinch, et al., Civil Action No. 04-1394-GMS

Dear Judge Sleet: This is plaintiff's response to defendants' recent letter. (D.I. 104). The documentary record demonstrates that defendants are in error. Plaintiff e-mailed the unredacted version of the sealed letter in .pdf (Adobe) format to all three defense counsel yesterday at 3:11 p.m. Attached at Tab A is a copy of the e-mail plaintiff sent to defense counsel. My office staff confirms that hard copies were deposited in the U.S. Mail yesterday afternoon. I left the office at approximately 4:00 p.m. yesterday afternoon. In response to an e-mail from defendants that was time stamped after 4:00 p.m. yesterday, this morning at 8:07 a.m., I again sent the unredacted version of the sealed letter in .pdf format to all three defense counsel. In that e-mail, I noted that this document had been previously sent to all three defense counsel by e-mail the prior day. Attached at Tab B is a copy of that e-mail. These documents demonstrate that the defense position is erroneous.

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Respectfully submitted, /s/ Stephen J. Neuberger Attorney for Plaintiff enclosures

cc:

Thomas S. Neuberger, Esq. (via CM/ECF) Ralph K. Durstein, Esq. (via CM/ECF) Stephani Ballard, Esq. (via CM/ECF) James E. Liguori, Esq. (via CM/ECF)

Conley \ Letters \ Sleet.09

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Tab A

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Tab B

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