Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv—O1305-KAJ Document 18 Filed 10/11/2005 Page 1 of 1
i.Aw OFFICES
ABER, GOLDLUST, BAKER & OVER
(AN ASSOCIATION OF LAW PRACTICES)
702 KING STREET, SUITE 600
P.O. Box 1675
Wu.M1NGTON, DELAWARE 19899-1675
GARY W. ABER, P.C. (302) 472-4900
PERRY F. GOLDLUST, P.A.* TELECOPIER (302) 472-4920
SCEES? 3.‘Z’3.”T'?I2.'”"" 0<>t¤'¤<·=f 11»2005
JOANNE A. SHALL.CROSS**
SHAUNA T. HAGAN
The Honorable Kent A. Jordan
United States District Court
844 King Street
Wilmington, DE 19801
RE: Hawksley v. Unum Life Insurance Company of America, et. al.
C.A. No.: 04-1305
Dear Judge Jordan:
As you will recall, this is an ERISA claim brought under the provisions of 29 U.S.C.
§1002, et.seq. .
An original scheduling conference was held with the Court on January 5, 2005, during
which the Court requested legal memorandum concerning the nature and extent of any discovery
in this matter. The parties exchanged memorandum, and a second telephone conference
proceeded on February 25, 2005. Unfortunately, I do not believe a scheduling order was ever
entered in this case. This issue arises, because the parties have discussed resolving this matter
through mediation, however, it is our understanding that the matter cannot be mediated through
the offices of Magistrate Judge Thynge, without a formal scheduling order and accompanying
referral order from the Court.
Accordingly, I write on behalf of both counsel asking that a scheduling order be entered,
and that this matter be referred to the Magistrate for mediation.
Thank you for your Honor’s consideration.
Gary W. Aber
GWA/mac
cc: Kirk Wolgenmutch, Esquire