Free Motion for Discovery - District Court of Delaware - Delaware

Case 1 :04-cv-00163-GIVIS Document 123 Filed 03/21 /2006 Page 1 of 2
Stradley Ronon Stevens Sv. Yonmg, LLP
` _ Q p Great Valley Corporate Center
il 30 Valley Stream Parkway
C) N CD N Malvem, PA 19355-1481
@ A T T o R N E Y s AT L AW T°l°ph°“° (610) 6405800
Fax (610) 640-1965
www.stradley.com
Patrick R. Kingsley
(215) 5648029 . · _
[email protected]
March 21, 2006
VIA FACSIMILE AND ELECTRONIC FILING
The Honorable Gregory M. Sleet
J. Caleb Boggs Federal Building
844 North King Street
Room 4324, Lockbox 19
Wilmington, DE 19801
Re: Donald M Durkin Contracting, Inc. v. City of Newark, ct al.
U.S.D.C. Del., Civil Action N0. 04-0163-GMS
Dear Judge Sleet:
In accordance with Paragraph 3(a) of the Court’s September 23, 2004 Scheduling
Order, 1 respectfully submit the following Agenda item regarding the unresolved discovery issue
to be heard at a conference on March 23, 2006 at 10 a.m. with the Court, or at such other time on
that date as is convenient for the Court. The parties would like to contact the Court from a
deposition in this matter, at which counsel for all parties will be present.
AGENDA
Federal would like to address the following item with the Court:
• The City of Newark is unilaterally refusing to produce Carl Luft for
deposition on any of the four dates previously agreed upon by
counsel.
Counsel for the parties had agreed that the City of Newark would produce both
Carl Luft, City Manager, and Carol Houck, his assistant, for deposition on the following dates:
March 22, 23, 28 and 30. This agreement was reached after a meeting by all counsel to set up a
comprehensive deposition schedule that allows sufficient time to complete all discovery prior to
the discovery deadline. As such, the City agreed to produce the witnesses, regardless of their
order, on those particular dates.
Philadelphia, PA • Malvern, PA • Harrisburg, PA • Wilmington, DE • Cherry Hill, N] • Washington, DC

Case 1 :04-cv—00163-GIVIS Document 123 Filed 03/21/2006 Page 2 of 2 I
The Honorable Gregory M. Sleet
March 2l, 2006
Page 2
V The City, however, is now unilaterally attempting to postpone Mr. Luft’s
deposition without any reasonable basis therefor. Federal thus requests that the Court compel the
City to make Mr. Luft available for his deposition on March 28 and 30.
Federal will continue its good faith efforts to resolve the above issue prior to the
conference.
Respectfully submitted by,
STRADLEY, RONON, STEVENS &
2YO; G, Iii; Q
atrick R. Kingsley
David M. Burkholder
PRK:ljm
cc: Paul Cottrell, Esquire
James S. Green, Esquire
Paul A. Logan, Esquire

Case 1:04-cv-00163-GMS

Document 123

Filed 03/21/2006

Page 1 of 2

Case 1:04-cv-00163-GMS

Document 123

Filed 03/21/2006

Page 2 of 2