Free Letter - District Court of Delaware - Delaware

Case 1:06-cv—00349-G|\/IS Document 43 Filed 12/13/2007 Page 1 of1
BALICK tg BALTQK tra
ATTORNEYS
December 12, 2007 Sidney Bam
Adam Balick
Joanne Ceballos
HAND DELIVERED James mm
Chief Judge Gregory M. Sleet
J. Caleb Boggs Federal Building
844 N. King Street
Room 4324
Lockbox l9
Wilmington, DE 19801
Re: Miller v. Correctional Medical Services, Inc.
CA. No. 06-349 GMS
Dear Chief Judge Sleet:
I represent the defendant Correctional Medical Services, Inc. ("CMS") in the above-
referenced matter. 1 apologize for increasing the Court’s burden today, but hope that ultimately
this letter will remove the above-referenced-matter from the Court’s docket.
On August 2, 2007 CMS moved to dismiss all State law claims of medical negligence
based on Plaintiffs failure to file an Affidavit of Merit. (D.I. 35). On August 8, 2007, Plaintiff
wrote to the Court requesting that all his claims against CMS be dismissed as the acts that form
the basis of his pleadings occurred prior to CMS’s status as contractor to the Delaware State
Prison System. (D.I. 39) On August 9, 2007, CMS filed its Motion for Entry of an Order
Dismissing all Claims. (D.I. 41) Plaintiff did not file any opposition to that Motion.
I appreciate that the Court is taxed by the high volume of cases and the numerous
attorneys all seeking the Court’s attention, and again apologize for increasing that burden today.
This letter is sent to respectfully request the Court’s review of the above—merrtioned items so that
1 can properly advise my client as to the status of this case.
James E. Dmec F I L E D
JD/iz _ DEC 1 2 3397
cc: Mr. Thomas R. Mrller
u.s. oismicr counr
oisrntcr or DELAWARE
711 King Street · Wilmington, Delaware 19801 · 302.658.4265 · Fax 302.658.1682 · www.balick.com