Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00435-SLR

Document 59

Filed 12/20/2007

Page 1 of 2

C ASARINO , C HRISTMAN & S HALK , P.A.
ATTORNEYS AT LAW
800 NORTH KING STREET
STEPHEN P. CASARINO COLIN M. SHALK BETH H. CHRISTMAN DONALD M. RANSOM KENNETH M. DOSS THOMAS P. LEFF MATTHEW E. O'BYRNE SARAH C. BRANNAN

SUITE 200 P.O. BOX 1276 WILMINGTON, DELAWARE 19899 (302) 594-4500 FAX: (302) 594-4509

REPLY TO OUR MAILING ADDRESS: P.O. BOX 1276 WILMINGTON, DE 19899

December 20, 2007 The Honorable Sue L. Robinson Lock Box 31 United States District Court District of Delaware 844 King Street Wilmington, DE 19801 RE: Dear Judge Robinson: I write in response to Mr. Neuberger's letter of December 19, 2007. I believe Mr. Neuberger has mischaracterized our conversation. The deposition of Fr. DeLuca was noticed by plaintiff's counsel for Thursday and Friday, December 20 & 21. Several days ago Mr. Neuberger called me and asked if the depositions would go forward and I told him probably not however I wanted to confer with Fr. DeLuca. Fr. DeLuca has recently been treated for depression and I am currently waiting on a report from his doctor. He has been advised it would probably not be a good time to depose him. Fr. DeLuca is willing to be deposed. The problem is that he does not have the financial means to come to Delaware. He is living in Syracuse, New York on a paltry pension and Social Security benefits. I informed Mr. Neuberger that if he were to pay the cost of Fr. DeLuca coming to Delaware then arrangements could be made or in the alternative we could go to New York for his deposition. Mr. Neuberger's response was that I should file a Motion for Protective Order. Mr. Neuberger has mischaracterized my comments. Fr. DeLuca does not refuse to appear for a deposition. I regret having to write to the court concerning discussions with counsel. It would seem to me, the better approach would be for the attorneys to confirm these things in writing so there can be no misunderstanding. If these matters can be resolved by a court conference, then I also welcome one. Quill v. Catholic Diocese of Wilmington, et al. C.A. No.: 07-435 SLR

Case 1:07-cv-00435-SLR

Document 59

Filed 12/20/2007

Page 2 of 2

Very truly yours, /s/ Stephen P. Casarino STEPHEN P. CASARINO SPC:pw Anthony G. Flynn, Esquire Mark L. Reardon, Esquire Thomas C. Crumplar, Esquire Thomas S. Neuberger, Esquire