Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00668-LPS Document 28 Filed 08/06/2008 Page 1 of 1
Mornsjames
James H. McMackin, Ill
302.882%.5849
[email protected]
August 6, 2008
VIA E—FILING
The Honorable Leonard P. Stark
United States Magistrate Judge
U.S. Courthouse
844 King Street
Lockbox 26
Wilmington, DE 19801
RE: Anello, et al. v. Indian River School District, etal.
C.A. No. 07-668-LPS
Dear Judge Stark:
We are in receipt today of the Plaintiffs’ Motion to Compel Disclosure of Sussex
County Family Court Documents. As the Motion is not directed at my clients, I am naturally not
in a position to oppose or consent to the Motion. However, it is the District’s view that the
administrative record filed by the Department of Education is complete. I propose two ways of
resolving the dispute. First, perhaps a teleconference among Your Honor, the Plaintiffs, Ms.
Kline and myself can bring the parties to an understanding as to what is and is not a part of the
administrative record. Alternatively, we would not oppose an effort by the Plaintiffs to attach to
their summary judgment briefing documents that were provided to or prepared by the Family
Court in the Family Court action. I write merely to propose these alternatives in an effort to aid
the Court. With Your Honor’s permission, we will not be filing a response to the Motion to
Compel unless Your Honor requests us to do so.
Respectfully submitted,
},,l\—l J ame H. McMackin, III
(Bar I.D. #4284)
JHM/jam
cc: Mr. and Mrs. William Anello (via U.S. Mail)
Jennifer L. Kline, Esquire (via e-tiling) ·
Clerk of the Court (via e-tiling)
1874338/1
500 Delaware Avenue, Suite 1500 | Wilmington, DE 19801-1494 T 302.888.68OO F 302.571.1750
Mailing Address P.O. Box 2306 | Wilmington, DE 19899-2306 www.morrisjames.com

Case 1:07-cv-00668-LPS

Document 28

Filed 08/06/2008

Page 1 of 1