Free Letter - District Court of Delaware - Delaware

Case 1 :05-cv—00035-GIVIS Document 38 Filed 06/05/2006 Page 1 of 2
NOLTE & ASSOCIATES _
ATTORNEYS AT LAW -
1010 N BANCROFI PARKWAY TELEPHONE (.302) 777-1700 .
SUITE 21 IEI.EI=ACSIM1LE (302) 777-1705 j
WILMINGTON, DE 19805 EMAIL: RNOLTE@NB-DE .COM 5
May 31, 2006
VIA ELECTRONIC FILING .
The Honorable Gregory Sleet J
United States District Court Q
844 N. King Street
Rm. 4209, Lockbox 19
Wilmington, DE 19801
Re: Badalament v. NuCor, et al
c.A. No.; 0s-035
Dear Judge Sleet: I
I wanted to bring to the Court’s attention a scheduling conflict that has arisen in my office
regarding the above caption trial date. The Court, at the scheduling conference in this matter, scheduled
trial to commence on November 27, 2006. I advised the Court that I was available on that date despite
the fact that I had another trial listed on that date because at that time, it was not anticipated that I
would be actively involved in the trial ofthe other rnatterx. I was merely protecting the workers
compensation lien on behalf of the insurance carrier/employer. However, since that time, there have
been significant developments in the case which has resulted ofthe filing ofcounterclaims by defendants §
against the company I represent Judge DelPesco ofthe Superior Court recently allowed defendants to
amend their Answers to assert counterclaims directly against Danella Line Services, Inc. Therefore, I
will now be actively present at trial. §¤
I write to request the Court’s indulgence in this matter as the Morgan v. Coneetive, er al,
C.A. No .: 03-C-12-268 (SCD), case is scheduled to he tried on the same date that the Baalalamenr
case is set. It appears that the Morgan case is older than the filing ofthe Badalament case. The I
Mor gan case also involves multiple parties, but, more importantly, has been continued on prior r
occasions and Judge DelPesco has advised all parties that the trial date now set will not be moved.
_ Respectfully submitted,
R. STOKES NOLTE gl
RSN/jfd 2

Case 1:05-cv-00035-G|\/IS Document 38 Filed 06/05/2006 Page 2 of 2
cc: The Honorable Susan C. De1Pesc0
Tustin Wineburgh, Esquire
Kevin Smith, Esquire
Michael Silverman, Esquire
Sean Beiiew, Esquire
George I. Lees, Esquire