Free Letter - District Court of Delaware - Delaware

I

Case 1:04-cv-01394-GMS

Document 220

Filed 05/11/2006

Page 1 of 2

STATE OF DELAWARE
DEPARTMENT OF JUSTICE

CARL C. DANBERG
Attorney General
NEW CASTLE COUNTY Carvel State Bullding 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 19904 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

Writer's Direct Dial: (302) 577-8510 FAX: (302) 577-5866

May 11, 2006

Hon. Gregory M. Sleet United States District Court Lock Box 19 844 North King Street Wilmington, DE 19801 Re: Conley v. Chaffinch, et al. Civ. A. No. 04-1394-GMS Dear Judge Sleet: After careful consideration and consultation with our clients, Division of State Police, Colonel Thomas MacLeish, and Secretary David Mitchell, we consent to the dismissal of the Division of State Police and the dismissal of Colonel L. Aaron Chaffinch, in his official capacity, from Count I of the above lawsuit, as was stated on the record at yesterday's pretrial conference by Plaintiff's attorneys. We also consent to the dismissal of Counts II and III as to all Defendants. This will leave a failure to promote claim against defendant L. Aaron Chaffinch in his individual capacity as the sole claim and defendant in the case. All of the above dismissals of claims and defendants will be with prejudice. The parties will prepare a stipulation of dismissal for submission to the Court.

Case 1:04-cv-01394-GMS

Document 220

Filed 05/11/2006

Page 2 of 2

In addition, defendant L. Aaron Chaffinch has executed a written waiver in which he has requested and consented to allow the Department of Justice to represent him in the case along with his present counsel, Mr. Liguori. Mr. Chaffinch has waived any conflict of interest issues. While we will be representing Mr. Chaffinch as a team, we understand and agree that only one person will participate in any particular aspect of the trial (e.g. examination of a witness; openingj closing statements) on behalf of the defense. Respectfully submitted,

j sjRalph K. Durstein III j sj5tephani J. Ballard Deputy Attorneys General

xc: Thomas 5. Neuberger, Esq. James E. Liguori, Esq.