Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-00163-GIVIS Document 347 Filed 02/08/2007 Page 1 of 2
f CONNOLLY BOVEZ LODGE 8c HUTZ LLP
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, The Nemours Building
· 1007 North Orange St.
P.O. Box 2207
Collins J. Seitz, Jr. Wilmington,DE19899
TEL (802) 888-6278 rat: (302) 658 9141
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REPLY TO Wilmington Ofhce
February 8, 2007
A By Electronic Filing
Honorable Gregory M. Sleet
United States District Court
844 King Street _
1 Lock Box 19 L
Wilmington, DE 19801
Re: Donald M Durkin Contracting, Inc. v. City of Newark, et al.
C.A. No. 04-0163 GMS
q Dear Judge Sleet:
I represent the defendants and write with respect to plaintiff Donald M.
Durkin Contracting, Inc.’s ("Durkin”) two post-trial motions requesting an award
of attorneys’ fees and amendment of the judgment to permit pre- and post-
judgment interest.
As recognized in Durkin’s motion regarding attorneys’ fees (page 1), there
is an overlap between the request for attomeys’ fees and expenses presented in
Dur1 practical consideration of the City’s pending post-trial motions, which could
impact the final judgment.
Counsel for the parties have conferred, and respectfully propose the
enclosed stipulation. The stipulation would stay briefing on Durkin°s post—trial _
motions until the Court has ruled on the defendants’ post-trial motions. Counsel
believe that the proposed stipulation would benefit the Court’s consideration of
post-trial motions as follows: (1) the Court could conserve its limited time by first
deciding the defendants’ motions; (2) following decision on defendants’ motions,
counsel for the parties could meet and confer, and reduce or eliminate where I
possible issues in Durkin’s motions impacted by the Court’s decision on
defendants’ post—trial motions; and (3) to the extent issues cannot be resolved by
counsel, the narrower remaining issues could be presented to the Court in an
efficient fashion.
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Case 1 :04-cv—00163-GIVIS Document 347 Filed 02/08/2007 Page 2 of 2 i
Honorable Gregory M. Sleet
Page 2
February 8, 2007
The parties are prepared to comply with the existing briefing schedule, but
propose the enclosed stipulation in the hope that it would assist the Court in 5
deciding only what needs to be decided following a ruling on the defendants’ g
post-trial motions. If the Court has any questions, counsel are available to
respond promptly.
Respectfully, Xx
Collins
(Bar No. 2237)
CJ S,Jr./saj A
Enclosure
cc: Paul Logan, Esquire
Thomas D. Walsh, Esquire
William J. Cattie, III, Esquire
James S. Green, Esquire
Kevin W. Goldstein, Esquire
(all by Electronic Service, w/enc.)
(520633)

Case 1:04-cv-00163-GMS

Document 347

Filed 02/08/2007

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Case 1:04-cv-00163-GMS

Document 347

Filed 02/08/2007

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