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Case 1 :08-cv—00004-GIVIS Document 56 Filed 05/21 /2008 Page 1 of 2
I BALICK § BALICK LLC
._ ATTORNEYS
May ZL 2008 I Sidney Balick
Adam Balick
James Drnec
VIA ClV[/ECF FILING & HAND DELIVERY Joseph Nay],.
The Honorable Gregory M. Sleet A
United States District Court
for the District of Delaware P `
844 North King Street, Room 4209 q ·
Wilmington, DE 19801
Re: Biggins v. Minner, et al.,
CIA. N0. 08-004 GMS
Dear Chief Judge Sleet:
A As you may recall, I represented the Defendant Correctional Medical Services,
Inc., in the above-referenced matter, which is now closed. On April 15, 2008, this Court
denied Plaintiffs Motion for Temporary Restraining Order. (D.I. 45) Following review
of the Complaint pursuant to 28 U.S.C. § 1915, the Court dismissed the Complaint on .
April 16, 2008 for, inter alia, failure to state a claim upon which relief could be granted.
(D.I. 46) The Court further stated that amendment of the Complaint would be futile. Id.
_ On April 25, 2008, Plaintiff filed with this Court his Notice of intent to appeal the
above-mentioned Orders to the Third Circuit. (D.I. 50) On May 20, 2008, Plaintiff filed
with this Court his Motion for Reconsideration of those same Orders, more than thirty
days after those Orders were entered. (D.I. 53, 54)
The undersigned counsel is unsure as to whether Plaintiff intends to pursue a
remedy with respect to the dismissal of his Complaint at the Third Circuit, or whether
Plaintiff intends to pursue the remedy of reconsideration before this Court, but counsel
does not wish to prejudice his client by failing timely to respond in either forum. Nor
does counsel wish to overburden this Court by filing responsive pleadings which may be
neither required nor desired by the Court. Accordingly, CMS wishes to point out simply
that Plaintiff has failed timely to seek his remedy before this Court (see D. Del. LR 7.1.5:
" . . . If a party chooses to file a motion for reargurnent, said motion shall be filed within
10 days after the Court issues its opinion or decision .... "), and respectfully requests the
Court inform counsel if it wishes to see a more thorough response to Plaintiffs Motion,
at which time CMS will respond as directed by the Court.
711 King Street · Wilmington, Delaware 19801 - $02658.4265 · Fax 302.658.16BZ · wwvv.ba1ic1<.com

Case 1:08-cv—00004-G|\/IS Document 56 Filed 05/21/2008 Page 2 of 2
The Honorable Gregory M. Sleet
May 2l, 2008
Page 2-
If any matter addressed herein raises any question or concern I remain, as always,
available at the call of the Court. g
Resp Submitted,
J es E. Drnec
(I 3789)
cc: Mr. James Arthur Biggins I

Case 1:08-cv-00004-GMS

Document 56

Filed 05/21/2008

Page 1 of 2

Case 1:08-cv-00004-GMS

Document 56

Filed 05/21/2008

Page 2 of 2