Free Letter - District Court of Delaware - Delaware

Case 1:07—cv—00674-SLR-LPS Document 62 Filed 06/23/2008 Page 1 of 1
f' CON_l>lMQ;_LLYWBOVE L.OD€§ml§Wm§_cm_ HUIE LLP
rt Arromzevs AT Law
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The Nemours Building
1007 North Orange St.
R0. Box 2207
Wilmington, DE 19899
Mawww F. Boyer na.? isozi ess sm
oinacr nun.; (sez)-ssa-seas 2235501;
D§RECT FAX: (302)—658—0380 ` ` `
EMAIL: [email protected]
REPLY TO: Wilmington Office
J une 23, 2008
BY E~FILIN G AND HAND DELIVERY
The Honorable Leonard P. Stark
Magistrate Judge
U.S. District Court for the District of Delaware
844 North King Street, Rm. 4209
Look Box 18
Wilmington, DE 19801
RE: Dougherty v. Btize, C.A. N0. 07-674-SLR/LPS
Dear Magistrate Judge Stark:
I am writing in response to Det`endants’ nine·page, single—spaced letter brief tiled
on Friday, June 20, 2008 (DI 61), four days after Your Honor concluded oral argument
by advising the parties, "I hope to get back to you very sl1ortly." Tr. 62. At no point did
the Court invite the Defendants to supplement the three briefs that they had already tiled
in the two pending and partially overlapping motions. Because none of the thirty-five
authorities in the Defendants’ latest brief is a "subsequent authority,” the Det`endants’
submission violates the requirement of D. Del. LR 7.1.2 that "no additional papers shall
be filed absent Court approval?
1 If the Court nevertheless chooses to consider the Det`endants’ latest brief, we
request permission to reply. Because I will be out of the office for the remainder of
week, I would request permission to file any response by next Tuesday, July l, 2008, but
can tile sooner if needed.
Matthew F. BoyQl o. 2564)
Cc: Clerk ofthe Court (by ECF)
Barry M. Willoughby, Esquire (by ECF and email)
Margaret M. Dililianca, Esquire (by EGF and email)
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Case 1:07-cv-00674-SLR-LPS

Document 62

Filed 06/23/2008

Page 1 of 1