Free Letter - District Court of Delaware - Delaware

Case 1:05-cv-00067-SLR

STATE OF DELAWARE
DEPARTMENT OF JUSTICE

Document 27

Filed 11/28/2006

Page 1 of 2

CARL C. DANBERG
Attorney General
NEW CASTLE COUNTY Carvel State Building 820 N. French Street Wilmington, DE 19801 Criminal Division (302) 577-8500 Fax: (302) 577-2496 Civil Division (302) 577-8400 Fax: (302) 577-6630 TTY: (302) 577-5783 KENT COUNTY 102 West Water Street Dover, DE 19901 Criminal Division (302) 739-4211 Fax: (302) 739-6727 Civil Division (302) 739-7641 Fax: (302) 739-7652 TTY: (302) 739-1545 SUSSEX COUNTY 114 E. Market Street Georgetown, DE 19947 (302) 856-5352 Fax: (302) 856-5369 TTY: (302) 856-2500

PLEASE REPLY TO:
[New Castle County-Civil Division]

November 28, 2006

The Honorable Sue L. Robinson United States District Court District of Delaware J. Caleb Boggs Federal Building 844 N. King Street Wilmington, DE 19801 Re: Davis v. Williams, et al. D. Del., C.A. No. 05-67-SLR

Dear Chief Judge Robinson: On November 20, 2006, Plaintiff William Davis filed a motion entitled, "Motion to Amend per Fed. Rules of Civ. Proc. Rule 15." (D.I. 26). The caption of the Motion reads, William F. Davis, III v. Nurse Jeremey, Officer Fred Way. In the Motion Plaintiff states that he is moving "to amend the above captioned civil matter to name all Defendants." Unfortunately, after reading the Motion, I am unclear on the relief Plaintiff is requesting. It appears that the Plaintiff is either seeking to add Nurse Jeremey and Officer Fred Way as additional defendants or to dismiss the claim against all of the previously named defendants and pursue the matter solely against Nurse Jeremey and Officer Fred Way. To the extent Plaintiff wishes to add Nurse Jeremey or Officer Fred Way as additional defendants the State Defendants do not oppose the Motion. Further, to the extent Plaintiff wishes to dismiss the claims against all previously named defendants and pursue this matter solely against Nurse Jeremey and Officer Fred Way, the State Defendants do not object to the Motion. If, however, the Plaintiff requests some other relief by the Motion, the State Defendants request further clarification so that they may appropriately respond.

Case 1:05-cv-00067-SLR Document 27 The Honorable Sue L. Robinson November 28, 2006 Page 2
Thank you.

Filed 11/28/2006

Page 2 of 2

Sincerely, /s/ Erika Y. Tross Erika Y. Tross Deputy Attorney General cc: William F. Davis, III, Plaintiff EYT/vd