Free Response to Motion - District Court of Delaware - Delaware

Case 1:04-cv-00175-JJF Document 171-10 Filed O9/05/2008 Page 1 0f 3

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Case 1:04-cv-00175-JJF Document 171-10 Filed 09/05/2008 Page 2 oil? O
Griffith, Daniel A.
From: Griffith, Daniel A. V
Sent: Tuesday, June 24, 2008 3:14 PIVI
To: 'Scott Swenson'; '[email protected]'
Subject: Curry v. Hopkins
Attachments: BALTIMORE-#1800359-v1-defendants_cross-motion_to_compel_discovery.DOC
Brian and Scott:
The manner in which the tenor of this litigation has turned is, to put it mildly, distasteful. I have
been making a good-faith effort to comply with your relentless discovery requests, despite the facts that,
among other things (l) they are duplicative and cumulative of things I’ve provided to Mr. Curry well
before your appointment as his counsel; (2) they self~evidently seek non—discoverable information; (3) I
represent only Officer Hopkins yet am endeavoring in good faith to provide information/depositions
from non-parties not under my control, such as the Dover Police Department, Officer Gott and Officer
Taylor. In contrast, you have told me some time ago that you have a volume of records that you have
gathered since your appointment that you would be providing to me (presumably in compliance with
your Rule 26 obligations). You also promised to let me know your position regarding my request for a
follow-up deposition of Mr. Curry limited to issues which have arisen based on developments since his
prior deposition. I have heard nothing since then (approximately a month ago).
Against this background you have moved for Default Judgment, an Order of Contempt and other
sanctions (including counsel fees in a pro bono case).
I do not take these motions - or the necessity of having to defend them - lightly. My immediate, hair-
trigger reaction was to draft a cross-motion for sanctions and to compel discovery, a copy of which I am
attaching. _
In addition, I have spoken with Officer Hopkins, who has committed to having his deposition taken July
8th. I have also spoken to Officer Taylor, who has agreed to appear for his deposition July 10th. I will
secure Officer Gott’s attendance on that date as well.
Since these matters formed the thrust of your motions, I will refrain from filing my attached motion if
you will withdraw your pending motions based upon my representation that the depositions of Officers
Hopkins, Gott and Taylor will take place on July 8th and 10th. I would also like some response to my
request for the medical records you’ve gathered and my request for a follow-up deposition of Mr. Curry.
Dan
Daniel A. Griffith, Esquire
WHITEFORD, TAYLOR & PRESTON, LLC
1220 North Market Street
Wilmington, DE l980l
302-482-8754
[email protected]

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