Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00165-KAJ

Document 66

Filed 05/02/2005

Page 1 of 2

M. JANE BRADY ATTORNEY GENERAL NEW CASTLE COUNTY Carvel State Building 820 N. French Street Wilmington, DE 19801 Criminal Division (302) 577-8500 Fax: (302) 577-2496 Civil Division (302) 577-8400 Fax: (302) 577-6630 TTY: (302) 577-5783 PLEASE REPLY TO:

STATE OF DELAWARE
DEPARTMENT OF JUSTICE
KENT COUNTY 102 West Water Street Dover, DE 19901 Criminal Division (302) 739-4211 Fax: (302) 739-6727 Civil Division (302) 739-7641 Fax: (302) 739-7652 TTY: (302) 739-1545 SUSSEX COUNTY 114 E. Market Street Georgetown, DE 19947 (302) 856-5352 Fax: (302) 856-5369 TTY: (302) 856-2500

May 2, 2005
New Castle County- -Civil Division

BY CM/ECF & FIRST CLASS MAIL The Hon. Kent A. Jordan United States District Court 844 N. King Street Room 6325 Lock Box 10 Wilmington, DE 19801 Re: Burks, et. al v. Rowe, et. al; C.A. No. 04-0165 KAJ

Dear Judge Jordan: Please allow this letter to serve as an interim status report filed on behalf of Defendants Robert Rowe and Robert Willoughby in the above-referenced civil action. These Defendants are present in this case by virtue of their employment with the State of Delaware's Department of Correction as Probation Officers. From the Defendants' perspective, the nature of matters in issue relate to the legal viability of Plaintiffs' causes of action and whether the Defendants are entitled to qualified immunity defenses. Discovery is in progress in this matter. Defendants have responded to Plaintiffs' interrogatories and requests for production. The parties are currently discussing a potential mediation conference with Magistrate Judge Thynge. The next scheduled event in this matter is a teleconference with Magistrate Judge Thygne scheduled for tomorrow, May 3, 2005, at 4:30 p.m. Currently pending before Your Honor is a Rule 12 Motion to Dismiss filed by the recently added Defendants Sue Rimmel and Property Advisory Group, Inc. According to the docket, Plaintiffs' answering briefs are due to Your Honor today.

Case 1:04-cv-00165-KAJ

Document 66

Filed 05/02/2005

Page 2 of 2

The Hon. Kent A. Jordan May 2, 2005 Page 2 I remain available to address these matters in more detail or supplement this interim status report as may be requested by Your Honor. Respectfully Submitted, /s/ Aaron R. Goldstein Aaron R. Goldstein Deputy Attorney General CC: Gary W. Aber, Esquire Robert J. Leoni, Esquire Eric Episcopo, Esquire Ronald L. Stoner, Esquire