Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01346-JJF

Document 61

Filed 03/22/2005

Page 1 of 2

M. JANE BRADY 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 PLEASE REPLY TO:
[New Castle County-Civil Division]

STATE OF DELAWARE
DEPARTMENT OF JUSTICE
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

March 22, 2005

The Honorable Joseph J. Farnan, Jr. United States District Court 844 N. King Street Lock Box 27 Wilmington, DE 19801 Re: Arnold v. Minner, et al; C.A.No. 04-1346-JJF

Dear Judge Farnan: The purpose of this letter is to respond to Plaintiff's letter to Your Honor dated March 21, 2005 which requests a Rule 16 conference to formulate a discovery plan. The Defendants oppose such action at this time. The parties have recently completed briefing the Defendants' Motions to Dismiss in this matter. As these motions are potentially case dispositive, the Defendants object to beginning the discovery process in this matter until the Court rules upon the Defendants' pending motions to dismiss. The purpose of Rule 12 is to avoid needless and wasteful expenditures of time and effort by engaging in discovery in cases where a defendant raises case-dispositive, threshold legal issues. The parties have now fully briefed these issues and await a decision of the Court. Accordingly, please accept this letter as the Defendants' joint opposition to Plaintiff's request for an "initial conference" pursuant to Rule 16 of the Federal Rules of Civil Procedure or any effort to begin the discovery process prior to the Court's decision upon Defendants' motions to dismiss.

Case 1:04-cv-01346-JJF

Document 61

Filed 03/22/2005

Page 2 of 2

The Honorable Joseph J. Farnan, Jr. March 22, 2005 Page 2 Very truly yours, /s/ Aaron R. Goldstein Aaron R. Goldstein Richard W. Hubbard Deputy Attorneys General cc: Jeffrey K. Martin, Esquire Herbert G. Feuerhake, Esquire