Free Letter - District Court of Delaware - Delaware

Case 1 :07-cv-00045-SLFi—LPS Document 32 Filed 01 /28/2008 Page 1 of 2
UNITED STATES DISTRICT COURT Q G I N A L
DISTRICT OF DELAWARE
Re:Dubose v. Walsh, et al.: Civ. No. 07—45-***-LPS
Scheduling ConferencelOrder
Dear Honorable Leonard Stark
I participated in a scheduling conference by telephone October 21, 2007 the result of
that teleconference was the courts denial of my motion for defaultjudgment Hled March 2007. The
courts order of denial was dated October 25, 2007 and the only comment on the denial was "For
reasons set forth by the court during the October 24"‘ 2007 teIeconference." I understand that I have
a right to appeal a magistrates order directly to the Third Circuit Court of Appeals, but the court failed
to address and respond to my motion point for point and on its merits.
As a result my confusion, I filed a "Motion for Reconsideration Motion for Default
Judgment on October 29, 2007." In this attempt to obtain clarity, I pointed out that, “The court held a
teleconference in which defendant American Business Credit did not participate and have elected not
to answer nor defend my complaint."
Now it stands out that your honor does not list defendant American Business Credit Inc
as an addressee in your cover letter with attached proposed scheduling order
I recognize that, as a Pro Se complainant, I am at a somewhat disadvantage; but
according to the Federal Rules of Civil Procedure I am entitled to my Default Judgment against
defendants, as a matter of law. If the court is not going to enforce its own rules, and the rules will only
be enforced and followed when it benefits only defendants, how can citizens obtain justice guaranteed
by the United States Constitution? I strongly oppose any scheduling order until these matters are
adequately addressed by the court
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` ohnnie M. DuBose Pro Se ·,..~. ,.;,‘§»
4 Teakwood Lane ig,
Vvilmington, Delaware 19810 ¢... E;
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SAO

Case 1:07-cv-00045-SLR—LPS Document 32 Filed 01/28/2008 Page 2 of 2
CERTIFICATE OF SERVICE
I, hereby certify that on January 28, 2008, I caused to be delivered by first class mail (2) copies of
the attached response to proposed scheduling order
Robert K. Beste Jr.
Cohen Seglias Pallas Greenhill & Formon
Nemours Building, Suite 1130
1007 Orange Street
Wilmington, Delaware 19801
Paul Cottrell, Tighe & Cottrell, P.A.
704 King Street, Box 1031
1 Customs House
Wilmington, Delaware 19899
Donald L. Gouge, Jr.
Herman, Gouge, & Kaufman, LLP
800 King Street, Suite 303
P.O. Box 1674
Wilmington, Delaware 19899
Laura Thomas Hay
New Castle County Law Department
New Castle Corporate Commons
87 Reads Way
New Castle, Delaware 19720
Megan Sanfrancesco
New Castle, County Law Department
New Castle Corporate Commons
87 Reads Way
New Castle, Delaware 19720
American Business Credit, Inc.
Clo George L. Miller, Chapter 7 Trustee
8 Penn Center, Suite 980 _
Philadelphia, PA. 19103 { Q
` ohnnie M. DuBose Pro Se'
4 Teakwood Lane
Wilmington, Delaware 19810
302-656-6838