Free Motion to Compel - District Court of Delaware - Delaware

Case 1:04-cv-00705-JJF

Document 37-5
LAW OFFICES

Filed 03/01/2006

Page 1 of 2

PARKOWSKI, GUERKE & SWAYZE
PROFESSIONAL ASSOCIATION 800 KING STREET, SUITE 203 WILMINGTON, DELAWARE 19801 302-654-3300 FAX: 302-654-3033
GEORGE F. GARDNER, III
OF COUNSEL

F. MICHAEL PARKOWSKI I. BARRY GUERKE DAVID S. SWAYZE CLAY T. JESTER JEREMY W. HOMER JOHN C. ANDRADE MARK F. DUNKLE WILLIAM A. DENMAN MICHAEL W. ARRINGTON CHRISTINE P. SCHILTZ MICHAEL W. TEICHMAN BASIL C. KOLLIAS ANNE HARTNETT REIGLE

WRITER'S DIRECT DIAL: (302) 594-3333

DOVER OFFICE 116 W. WATER STREET PO BOX 598 DOVER, DE 19903-0598 302-678-3262 FAX: 302-678-9415

February 15, 2006 James M. Kamara PO Box 448 Smyrna, DE 19977 RE: Kamara v. Michael Funding, LLC Demand for Answers to Interrogatories

Dear Mr. Kamara: We are in receipt of your letter to Judge Farnan, purported "Response to Defendant's Interrogatories, Plaintiff's Request for Production of Documents, and Plaintiff's First Set of Interrogatories. Your purported "Response to Defendant's Interrogatories" is unacceptable. It does not answer any of the interrogatories, does not have a sworn affidavit, does not present any legal defenses, and does not request any protective order from the Court. You must answer the interrogatories not later than February 22, 2006, or we will be forced to file a motion to compel for which we will be seeking attorney's fees. We provided the required Rule 26(a)(1) disclosures on October 14, 2004. Attached is a duplicate copy of the form that was mailed to you along with the documents. You may come to our office in Wilmington to examine copies of the documents that were forwarded and may copy them at our standard rate of twenty-five cents per copy. We will not provide you duplicate copies of documents already provided to you. Conversely, you have not provided a single required document under Rule 26(a)(1). You are requested, for the fourth time, to provide the required disclosures not later than February 22, 2006, or we will be forced to file a motion to compel for which we will be seeking attorney's fees.

Case 1:04-cv-00705-JJF

Document 37-5

Filed 03/01/2006

Page 2 of 2

James M. Kamara February 15, 2006 Page 2 of 2

Consistent with Judge Farnan's Order of February 3, 2006, we will provide answers to the first twenty-five interrogatories posed. We will not answer any additional interrogatories absent leave of court. The response to your request for production of documents will be sent within 30 days of service of those requests. We are aware of your prior attempts to assert Truth In Lending Act claims in the Superior Court of the State of Delaware, C.A. No. 95L-05-008. Consequently, we expect and demand that you comply with proper respect for the Court and the Court rules.

Yours very truly,

MICHAEL W. ARRINGTON
MWA:s Enclosure cc: Michael Funding, LLC
f:\apps\wpdocs\mwa\michael funding\kamara 060215.doc