Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00705-JJF

Document 29
LAW OFFICES

Filed 02/02/2006

Page 1 of 1

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 2, 2006 BY E-FILING The Honorable Joseph J. Farnan, Jr. United States District Court Lockbox 27 844 King Street Wilmington, DE 19801 RE: Kamara v. Michael Funding, LLC C.A. No. 04-705 JJF

Dear Judge Farnan: On December 12, 2005, Plaintiff Kamara wrote the Court alleging that he had not received our interrogatories and provided the Court with an updated address. On December 14, 2005, we served the attached interrogatories at the address that he provided. Mr. Kamara's refusal to respond or to answer the interrogatories is a continuation of his misuse of the system, including his refusal to answer prior interrogatories, to appear for a noticed deposition, to respond to communications concerning a proposed scheduling order, to timely file a response to a motion to dismiss, and to submit a cognizable answering brief. Our client has incurred multiple thousands of dollars of defense of this matter due to the Plaintiff's conduct. We respectfully renew our suggestion that the Plaintiff's repeated non-response to directives of the Court, properly served discovery requests, and court rules merits sua sponte dismissal for failure to prosecute, as additional filing would incur further financial detriment to our client. Yours very truly,

MICHAEL W. ARRINGTON
MWA:s Enclosure cc: James M. Kamara Clerk, U.S. District Court
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