Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00344-KAJ

Document 31

Filed 10/03/2005

Page 1 of 2

BIGGS AND BATTAGLIA
VICTOR F. BATTAGLIA ROBERT D. GOLDBERG PHILIP B. BARTOSHESKY VICTOR F. BATTAGLIA, JR.

ATTORNEYS AT LAW 921 NORTH ORANGE STREET P.O. BOX 1489 WILMINGTON, DELAWARE 19899 (302) 655-9677 TELECOPIER (302) 655-7924 writer=s e-mail address: [email protected]

OF COUNSEL

JOHN BIGGS III GERARD P. KAVANAUGH, SR. S. BERNARD ABLEMAN

October 3, 2005 Via Electronic Filing and Hand Delivery The Honorable Kent A. Jordan United States District Court Lock Box 10 844 King Street Wilmington, DE 19801 RE: Ernestine Parker v. Comcast Corporation, et al. C.A. Number: 04-344 KAJ

Dear Judge Jordan: Circumstances require that I request the Court to extend the discovery period by thirty (30) days in the captioned case for the purpose of deposing two defense employees, William G. Mosley and Philip Annone. Philip B. Bartoshesky of this office was in the process of setting up their depositions and apparently had worked out a mutually acceptable time for the depositions. Before he could notice them, he was stricken with what has since been diagnosed as pancreatitis. He has been hospitalized since that time and is expected to be released on October 3, 2005. I have conferred with Mr. Langel of Ballard Spahr who is defending the depositions. He has graciously advised me that because of the circumstances he has not objection to the request for the extension of the discovery, so long as it is limited to taking those two depositions. In addition, Ms. Gold of that office has requested that the time for filing dispositive motions be extended if the extension of discovery request is granted. Of course, I have no objection to that request.

Case 1:04-cv-00344-KAJ

Document 31

Filed 10/03/2005

Page 2 of 2

The Honorable Kent A. Jordan October 3, 2005 Page 2 If the Court grants the extension either Mr. Bartoshesky or myself will complete the requested depositions within the thirty (30) day period. Thank you for your consideration of this request. Respectfully submitted, /s/ Victor F. Battaglia Victor F. Battaglia (I.D. #156) VFB/pll cc: John Langel, Esquire Farrah Gold, Esquire William M. Kelleher, Esquire (via electronic filing)