Free Letter - District Court of Delaware - Delaware

Case 1:07—cv—00674-SLR-LPS Document 45 Filed 05/07/2008 Page 1 of 1
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Timothy M. Holly ao. sox 2207
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REPLY TO: Wilmington Office WEB: WWW_Cbm_CDm
May 7, 2008
BY Cl\/L-ECF
The Honorable Leonard P. Stark
United States District Court
844 North King Street, Lock Box 26
Wilmington, DE l980l
RE: Dougherty v. ASDI, Inc.
Civil Action No. 07-674-SLR/LPS `
Dear Judge Stark:
I ani writing in response to Barry Willoughhy’s letter dated May 5, 2008.
Mr. Willoughby seems to premise his request for a conference on his desire to
delay the depositions of Defendants and Trula K. Blize, which are scheduled for
next week. Defendants never sought a stipulation for such a delay. Because
Dougherty’s pending Motion to Amend will help define the scope of discovery,
and discovery does not conclude until August l8, 2008 (leaving sufficient time
to reschedule without throwing off the existing schedule), Dougherty agrees that
the delay of the depositions makes sense. Thus, we will cancel those
depositions and reschedule them after the Court rules on our Motion to Amend.
As for the status of this case—~Dougherty has requested oral argument on
his Motion to Amend, which we presume Your Honor will respond to as
expeditiously as deemed appropriate. After we filed that Motion to Amend,
Defendants chose to pursue relief through multiple motions, which Dougherty
will respond to in due course. Given Defendants’ inadequate discovery
responses, Dougherty will soon file his own Motion to Compel. Although
Dougherty agrees to delay the scheduling of depositions until after the Court
rules on his Motion to Amend, no other delay should be imposed on Dougherty.
He should be permitted to state his claims and pursue discovery on those
c_laims~w~including through deposition (regardless of what motions Defendants
file).
; Although we do not share opposing counsel’s perception that a
conference is necessary, I am available at the convenience of the Court.
Very truly yours,
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Timothy M. Holly .
, cc: Barry M. Willoughby
John J . Dougherty
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Case 1:07-cv-00674-SLR-LPS

Document 45

Filed 05/07/2008

Page 1 of 1