Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01304-KAJ

Document 38-4

Filed 12/12/2005

Page 1 of 1

Ms. Clickner, This is a response to your fax dated this m orning, Decem ber 12 th . I called you last Friday and also sent a fax. They speak for them selves. W ith reference to today's letter from you, the rules and scheduling order perm it m e to m ove for sum m ary judgm ent now. As you know, and as has been discussed with the court and the m ediator, the EEOC's oppressive actions are bankrupting m y sm all client. I am m oving to stop the bleeding since there is no way you can m eet the 15 em ployee requirem ent. You have had full and fair discovery. You have filed num erous interrogatories and docum ent requests. They will all be answered when due. Many docum ents were sent to you last week. You have also scheduled oppressive discovery on the m erits of your case. That discovery will be unnecessary since m y m otion will m oot it. W hen you see m y brief, if you need m ore discovery on this issue, and you can m eet the requirem ents of the rules, we will address that issue. I have Mr. Morgan down for January 24 th . As I explained earlier, I am not available on the 23 rd . The depositions are still vacated. Your threats against this sm all em ployer are unavailing. I am unim pressed by your claim that the United States has had to spend som e of its vast resources on this case. So has m y client, on a case the United States had no power to bring in the first place. Now it will be up to the Court to force the United States to obey the law. I will file m y m otion, brief and appendix this week. Tom N. cc: client

**************************************** Thom as S. Neuberger, Esquire The Neuberger Firm Attorneys And Counsellors At Law Two East Seventh Street, Suite 302 W ilm ington, Delaware 19801-3707 Phone 302.655.0582 Fax 302.655.9329 Em ail:TSN@ NeubergerLaw.com