Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00129-MPT

Document 39

Filed 10/15/2007

Page 1 of 2

Law Offices of YOUNG, MALMBERG & HOWARD, P.A. Professional Association 30 The Green Dover, Delaware 19901 www.youngmalmberg.com Kenneth J. Young Phone: (302) 672-5600 Constantine F. Malmberg, III Fax: (302) 674-0549 Kevin M. Howard Ronald G. Poliquin October 15, 2007 VIA E-FILE The Honorable Mary Pat Thynge U.S. District Court District of Delaware 844 N. King Street Wilmington, DE 19801 RE: Shannon A. Laymon v. Lobby House, Inc. C.A. No. 07-129 MPT

Dear Judge Thynge: This letter is defendant's response to Mr. Primos' 10-12-07 letter. Concerning the photo issue, defendant has submitted all photos within its control to plaintiff. Mr. Wilmont estimated during deposition that eighteen (18) photos existed. Defendant has produced about thirteen (13) photos. Concerning Wallick's testimony, we would not object to any testimony that does not go beyond the basic facts learned during her limited treatment of Laymon (approximately two (2) visits). However, if Wallick's testimony intends to opine as to the causation of Ms. Laymon's injuries and her future treatment needs then we would object to this testimony because both of the scheduling order violation and because she has not submitted any expert report as required under Rule 26(a)(2)(B). Obviously, Plaintiff was in control of this information for some time and no good reason exists as to why it was not disclosed within the appropriate time nor why defendant was not notified that Wallick would be an expert in the case. Thank you for your consideration.

Case 1:07-cv-00129-MPT

Document 39

Filed 10/15/2007

Page 2 of 2

Respectfully, /s/ Ronald G. Poliquin Ronald G. Poliquin, Esquire I.D. No. 4447 RGP/gss cc: The Lobby House Noel Primos, Esquire