Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-001 25-JJ F-l\/I PT Document 96 Filed 04/14/2005 Page 1 of 2
Smith
The Corporate Plaza
FlllC`0\V'l.LP 800 Delaware Avenue. 7th Floor
Attorneys at Lam P·O· BOX M0
Wilmington, Delaware 19899
(Courier 19801)
APU] 14, 2005 Phone (2.02) c—sa2-s-400
Fax (302) 652-8405
Craig B` Smith www.sl;fdclaware.com
Robert j. Katzenstein
David A. jenkins
Laurence V. Cronin
b The Honorable Mary Pat Thynge
M‘°h°l" C' G"“ U. S. District Court for the District of Delaware
Kathleen M. Miller NOrth Street
Roger D. Anderson Wihnington,
joelle E. Polesky
R b [K B_ lg Re: Spoltore v. Wilmington Professional Associates, Inc.
V 1 CA. N0. 04-125 JJF
Etta R. Wolfe
Dear Judge Thynge:
I have reviewed Mr. Davis’ letter to Your Honor of April 12, 2005, which was e-filed
earlier this attemoon. (D.I. 95). Mr. Davis’ statement that no sanctions were imposed
a is, of course, mistaken. Enclosed for Your Honor’s convenience is a copy of the
transcript of the hearing. During the hearing, the Court plainly stated that while
defendant’s request for attorneys’ fees was denied, plaintiff would be responsible for
the costs incurred by having to redepose Dr. Jackovic and Dr. Kaye. (Tr. 21-22, 44-45).
In addition, Mr. Davis’ reference to a comment I made at the hearing with respect to
defendant’s willingness to enter into a protective order mischaracterizes the context in
which the comment was made. (Tr. 31-39). In fact, it appears that Mr. Davis is
asserting that if we had proposed a fonn of protective order in response to plaintiffs
original motion to quash, then it would not have been necessary to tile any of the
discovery motions that followed. Such an assertion, however, is belied by all of
plaintift"s filings in which it was argued that defendant was not entitled to the
discovery it was seeking. Plaintiff has never argued that it was willing produce the
information at issue upon entry of a qualified protective order.
lO0Ol807.WPD
02428 PLDG

Case 1:04-cv—OO125-JJF—MPT Document 96 Filed O4/14/2005 Page 2 of 2
The Honorable Mary Pat Thynge
April 14, 2005
Page 2
The Court’s order of April 7, 2005 clearly conforms to what was stated during the
hearing earlier that day. The order should not be revised and the sanction that was
imposed should be enforced.
lf Your Honor has any questions regarding defe11dant’s position on this matter, I am
available at the convenience of the Court.
Laurence V. Cronin (ID No. 2385)
LVCx'vkm
Enclosure
cc: Clerk of Court (via e-tiling wi enc.)
Steven T. Davis, Esquire (via e-tiling wi enc.)
Kimberly D. Sutton, Esquire (via facsimile wfo enc.)
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cms Pino

Case 1:04-cv-00125-JJF-MPT

Document 96

Filed 04/14/2005

Page 1 of 2

Case 1:04-cv-00125-JJF-MPT

Document 96

Filed 04/14/2005

Page 2 of 2