Free Letter - District Court of Delaware - Delaware

Case 1 :07—cv—00045-SLR-LPS Document 33 Filed 01/30/2008 Page 1 of 2
Robert K. Beste, Jr.
I Attorney At Law -
COHEN PALLAS PC Nemours Building, Suite 1130
‘ 1007 Orange Street
‘ ` Wilmington, DE 19801
`IE $02.4255089 E F: 302.425.5097
` . [email protected]
www.cohenseglias.com
. January 30, 2008
By Electronic Filing and By Hand ‘ .
The Honorable Leonard P. Stark, Magistrate Judge
United States District Court — District of Delaware —
U. S. Courthouse ` ` .
844 King Street, Lockbox 26
Wilmington, DE 19801
i
RE: Johnnie M. DuBose v. Michael Walsh, New Castle County Sheriff;
American Business Credit, Inc.; Robert K. Beste, Jr.; and Maggie
Clausell; District Court - C. A. No. 07—045 (MPT!
Dear Judge Stark: n
I have been personally named as a Defendant in the captioned matter, with allegations
that simply do not state a claim for relief, and do not present any facts upon which any
Defendant has committed any wrongdoing. Plaintiff] Johnnie M. DuBose is simply dissatisfied
that he lost real estate due to a mortgage foreclosure that was property conducted in accordance
with the laws of the State of Delaware.
I tiled a Motion to Dismiss with supporting brief in this matter, on February l3, 2007.
Defendant Maggie Clausell, Esquire joined in that Motion, and tiled a similar motion and 1
supporting brief on February 19, 2007. Similarly, Defendant Michael Walsh, and New Castle
County, tiled their own Motions to Dismiss and Opening Brief, on March 5, 2007. To my
knowledge, Plaintiff Johnnie M. DuBose has not responded to any of thosemotions. The fact of `
the matter is that all such motions are proper, and this matter shouldbe dismissed. .
I write in response to Your Honor’s letter to counsel of January 16, 2008, setting forth a
Scheduling Order in this matter, which would require that discovery be completed by June 16,
2008. The matter is without merit, and the parties should not be required to engage in useless and
expensive discovery, in such a meritless claim. Following a telephone conference with
Magistrate Judge Thynge on October 24, 2007, counsel for the parties signed a Stipulation,
giving their consent to have the United States Magistrate Judge conduct any and all proceedings
in this matter. That Stipulation was forwarded to Mr. DuBose on November 1, 2007 and
December 19, 2007. Mr. DuBose has refused to sign the Stipulation. g
Philadelphia I Pittsburgh l Wilmington l Harrisburg K
New Jersey l West Virginia


Case 1 :O7—cv—OOO45-SLR-LPS Document 33 Filed O1/30/2008 Page 2 of 2

The Honorable Leonard P. Stark, Magistrate Judge
January 30, 2008
Page Two
It is respectfully submitted that in the interest of justice, the parties should not be
required to engage in expensive discovery in this meritless claim. It is therefore further
respectfully submitted that the Scheduling Order proposed by Your Honor be delayed until the
resolution of the outstanding Motions to Dismiss. .
I have spoken with counsel for Ms.- Clausell, and counsel for Michael Walsh and New
Castle County, and I am authorized to represent to Your Honor that such counsel have
authorized me to convey their agreement to the positions set forth in this letter.
ROBERT K. BESTE, JR.
RKB/msj
cc: Mr. Johnnie M. DuBose (by First—Class Mail)
Laura Thomas I-lay, Esq. —(by Electronic Filing and First-Class Mail)
Paul Cottrell, Esq. (by Electronic Filing and First-Class Mail)
05021-0059; Doc. #25 '
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