Free Letter - District Court of Delaware - Delaware

I Case 1 :O6—cv—OO335-SLR-IVI PT Document 24 Filed O3/23/2007 Page T of 2
. _ U.S. Department of Justice
. _ United States Attorney is Ojfice A
District of Delaware 2
l . The Nemours Building (302) 573-6277x 156
J 007 Orange Street, Suite 700 _ FAX (3 02) 5 73-6220
· 1=.o. sax 2046 rrr (302) srs- 6274
Wilmington, Delaware 1`9899-2046 Toll Free (888) 293-81 62
. Patricia. Hann i ganéuusdog'. gov
- March 23, 2007 n
- VIA CMIECF l s ,
I Honorable Mary Pat Thynge l _
Magistrate Judge p ‘ ,
J. Caleb Boggs Federal Building
844 N. King Street, Room 6100 - ` g
Lockbox 8 .
Wilmington, DE 19801 _ » r
l Re: _ JEFFREY RICHARD RICE. v. UNITED STATES OF AMERICA i
Civil Action No. 06-335-*** E
‘ A Dear Magistrate Judge ifhynge: _
_ Neal Levitsky, counsel for plaintiff, and I have spoken again about the most sensible vvay
of moving forward in the referenced case.- While both our clients clearly would like the Court to h
decide the pending motion to dismiss before we engage in discovery, unfortunately neither of us _
i has been authorized to consent to Your Honor's jurisdiction in this matter. ,
. It is not clear to us from Your Honors Order requiring us to stipulate to jrnisdiction by E
today's date whether Your Honor intends such a stipulation to be a prerequisite to your entering
an order resolving the pending motion. Although we are unable, at this point, to enter into such a- `
stipulation, we continue to request that the court consider the Motion to Dismiss before we I
undertake formal discovery. . I

Case 1 :O6—cv—OO335-SLR-IVIPT Dooument 24 Filed O3/23/2007 Page 2 of 2
We apologize if our positions are inconsistent with Your Honor's understanding during .
our recent teleconferences and we are, of course, available if the court has questions or
comments. I ` A
. Respectfully, _
- . COLM F. CONNOLLY
` . United States Attorney . q
l By: /s/Patricia C. Hannigan A A
Patricia C. Hannigan
_ _ Assistant United States Attorney
PCH:rnd l .
A cc: Neal J. Levitsky, Esquire W/Enclosure [V ia CM/ECF n q A
Maria Kolokithias, U.S. Corps of Engineers w/Enclosure/V ia U.S. Mail t ·
. up 2 g