Free Response to Motion - District Court of Delaware - Delaware

Case 1:04-ci/;01 D-eeumen-t 39 Filed 10/06/2006 Page 1 of 2
IN TI·IE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LUCILLE GREENE, )
Plaintiff, i
v. i C. A. No. i}4-I2'}? (SLR)
UNITED STATES POSTAL SERVICE, i
Defendant. i
PLAI.NTIFF*S RESPONSE TO DEFENDANTS
MOTION TO ALTER OR AMEND THE JUDGMENT
PlaintiH opposes the motion ofthe Defendant for the following reasons:
1. Post-trial briefs were written in this case without the benefit of a transcript ofthe
trial testimony. Counsel’s recollection of the trial testimony, however, was that Mr.
Maurer did not apologize to Plaintiff for his conduct.
2. Even after the investigation by Ms. Ward, there was no indication at trial or in the
trial documents that she apologized to the Plaintiff
3. Plaintiff also suggests that at the mediation, counsel for the Defendant attempted
to resolve issues related to the Medicare lien. I would suggest that the results of the
mediation are supposed to be confidential and not brought before the Court.
Notwithstanding, since the issue has been raised, I would state categorically that the
United States Post Oftice made no offer to settle this case before trial. There was some
discussion of determining the amount of the Medicare lien. The Defendant never did
supply any infonnation conceming the amount ofthe Medicare lien.
4. Finally, the Defendant suggests of this case was a frivolous claim. Counsel will
dispute that. Plaintiff was injured shortly after attempting to mail some packages cut

Case 1:04-cv-01297-SLR Document 39 Filed 10/06/2006 Page 2 of 2
from the post otiice. There was an incident between her and the postal worker. She
testitied honestly. The mere fact that she was unsuccessful with her claim does not
necessarily put it inte the category of frivolous.
GRAD? Sc I-LeJ·»·IP’T`GI*~I, LLC
ISI John S. Grady
John S. Grady, Esquire {I. D. No. UU9)
6 North Bradford Street
Dover, DE 19904
{Tel. 3i}2-5?E- I 265]
`|[email protected]
Artorneysfer pfctfntif
DATED: October 5, 2[]IJ6