Free Letter - District Court of Delaware - Delaware

Case 1 ’O‘l‘°"‘°°‘l1 4‘$.LFi ...... D?9H'T1€Dl...€€ __ ____ ___F_l_l_s¢'T.?/11/2007 Page l ¤*° 2

Wilmington, DE 19806
Timothy]. Wilson, Esquire* Telephone: (302) 777-4681
Facsimile: (302) 777-5803
*Licensed in DE, PA and N] www.martinandwilson.com
WR[TER'S E-MAILI JMART1N@MA1=anNANow1L$oN.c0M
November ll, 2007
The Honorable Mary Pat Thynge
U.S. District Court for the District of Delaware
844 North King Street, Lock Box 8
- Wilmington, DE 19801
RE: DAVIS, ET AL. v. MOUNTAIRE FARMS, INC., ET AL.
C.A. N0. 04-414 *** - MPT
Dear Judge Thynge:
I am writing to Your Honor with regard to the status of the above-captioned matter. This
matter was initially filed with the Court on June 21, 2004 and remains pending in the vacant
judgeship. I write to the Court to express my concern about the stalled status of this matter
wherein no significant activity has occurred in more than a year.
This delay is quite prejudicial to my clients. The lead Plaintiff, Willie Davis, Jr., is in
poor health having retired from the poultry industry years ago and is suffering from heart
problems. The other Plaintiffs each have significant financial needs that will be addressed by a
resolution of this matter.
After winning a reversal at the United States Court of Appeals, this matter was returned
to this Court whereupon Defendants filed a Motion for Partial Summary Judgment on September
15, 2006. (D]. No. 68). The matter was fully briefed by November 10, 2006 (D.I. 79 following
Answering Brief D.I. No 75).
I am respectfully requesting that the Motion for Partial Summary Judgment be submitted
for disposition. Upon a ruling on same, I believe it likely that a resolution of this case may be
facilitated by mediation. Further delay will be severely prejudicial to Plaintiffs herein.

Case 1:04-cv—00414-SLR Document 88 Filed 12/11/2007 Page 2 012
Respect 0urs,
JEFFREY K. MARTIN
]KM:11jj
cc: Matthew F. Boyer, Esquire
Eric Hemmendinger, Esquire

Case 1:04-cv-00414-SLR

Document 88

Filed 12/11/2007

Page 1 of 2

Case 1:04-cv-00414-SLR

Document 88

Filed 12/11/2007

Page 2 of 2