Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00956-GMS

Document 144

Filed 04/25/2006

Page 1 of 2

Montgomery, McCracken, Walker & Rhoads, llp
attorneys at law Richard Montgomery Donaldson
Admitted in Delaware, Pennsylvania & New Jersey

300 Delaware Avenue, Suite 750 Wilmington, DE 19801 302-504-7800 Fax 302-504-7820

123 South Broad Street Avenue of the Arts Philadelphia, PA 19109 215-772-1500 Fax 215-772-7620 LibertyView 457 Haddonfield Road, Suite 600 Cherry Hill, NJ 08002 856-488-7700 Fax 856-488-7720 1235 Westlakes Drive, Suite 200 Berwyn, PA 19312 610-889-2210 Fax 610-889-2220

Direct Dial 302-504-7840

[email protected]

April 25, 2006 Via CM/ECF Filing and Hand Delivery The Honorable Gregory M. Sleet United States District Court District of Delaware 844 King Street Wilmington, DE 19801 Re: Price v. Chaffinch, No. 04-956-GMS (as Lead Case now consolidated with Foraker v. Chaffinch, No. 04-1207-GMS)

Dear Judge Sleet: By letter dated April 19, 2006, counsel identified for the Court Stephen M. Bunting, Captain of the University of Delaware Police, as a Delaware-based computer forensics examiner who plaintiffs and defendants had agreed would be suitable to render assistance in this matter. Accordingly, the Court entered its Order (D.I. 142) dated April 20, 2006 appointing Captain Bunting as the expert consultant. Regrettably, counsel since have learned of a complication under applicable state laws and licensing requirements that will compromise Captain Bunting's ability to render assistance in this case. To avoid the risk of further delay or requiring the Court to delve into this matter during trial, counsel for plaintiffs and for defendants promptly have contacted and retained, subject to Court approval, an alternative expert (located in New Jersey) from among the list of possibilities previously provided to the Court: Warren G. Kruse II, CISSP, CFCE, Managing Director, High Tech Investigations, Aon Consulting. Mr. Kruse has confirmed his availability to work on this case on an expedited basis and has cleared any possible conflicts of interest.

A LIMITED LIABILITY PARTNERSHIP FORMED IN PENNSYLVANIA LOUIS A. PETRONI ­ NEW JERSEY RESPONSIBLE PARTNER

Case 1:04-cv-00956-GMS

Document 144

Filed 04/25/2006

Page 2 of 2

Montgomery, McCracken, Walker & Rhoads, llp

The Honorable Gregory M. Sleet April 25, 2006 Page 2

A proposed amended Order appointing Mr. Kruse is being submitted (in hard copy and in Word and WordPerfect format) jointly by the plaintiffs and the defendants for the Court's consideration. We are, of course, at the Court's disposal if any further information would be helpful. Opposing counsel has read and approved of this letter and the enclosed proposed order.

Respectfully yours, /s/ Richard M. Donaldson Richard M. Donaldson (DE No. 4367)

cc:

Thomas S. Neuberger, Esq. (w/encl. via CM/ECF filing and U.S. mail) Stephen J. Neuberger, Esq. (w/encl. via CM/ECF filing and U.S. mail) Martin D. Haverly, Esq. (w/encl. via CM/ECF filing and U.S. mail)