Free Letter - District Court of Delaware - Delaware


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Date: December 31, 1969
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State: Delaware
Category: District Court of Delaware
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V Case 1 :04-cv-01540-GIVIS Docyme@PQ;CES Filed 06/02/2006 Page 1 of 2
POTTER, CARMINE & AARONSON, PA.
STEPHEN B. POTTER KENNETH E CARMINE JENNIFER-KATE AARONSON
SpO[[€I“@pO[[€l`C&l1'IT1lT1€.COII1 I l June l, 2006
The Honorable Gregory M. Sleet
United States District Court
of Delaware
844 North King Street ‘
Wilmington, DE 19801
Re: Debbie Bailey v. Bayhealth Medical Center, Inc. And Ronald I. Lebman,
M.D., Paul Emery, M.D., DelMara Emergency Physicians, LLP and Bay
Health Medical Center, Inc. L
C.A. N0.: 04-1540-GMS
Dear Judge Sleet:
I am in receipt of Your Honor’s Order of May 31, 2006, scheduling a Hearing to show cause
as to why counsel for both parties should not be held in contempt for failure to comply with Your
Honor’s May 25, 2006 Order Requiring that a Proposed Final Pretrial Order be filed no later than
close of business on Tuesday, May 30, 2006. We respectfully write to offer some explanation ofthe
events that transpired on May 30, 2006 and to beg the Court’s forgiveness for the ministerial error
that made it appear to Your Honor that the parties had disregarded your prior Order.
On Tuesday, May 30, 2006, Joshua Van Naarden of Kline & Specter, P.C., had his paralegal
Carla Pavese forward via electronic mail the Proposed Final Pretrial Order to my paralegal, Patti
Childs. The Proposed Final Pretrial Order came through six (6) e-mails. Ms. Childs worked at my
firm previously, however she had not worked in a law firm for quite some time. While it is now
apparent that the multi-part filing confused Ms. Childs, when she departed the office after receiving
` the filing confirmation she believed everything to be in order.
Leon Aussprung, Esquire, reached me on my cell phone on Tuesday evening about 5 :30 p.m.
and explained the situation to me. I explained to him that unfortunately nothing could be done at
that hour and it would be top priority first thing in the morning.
On Wednesday, May 31, 2006, as Ms. Childs walked in the door at 8:30, Ms. Pavese was on
the phone. Ms. Pavese explained what was incorrect with the filing from the previous day. As they
talked on the phone, Ms. Childs was turning her computer on and began to open the new e-mails
from Ms. Pavese. Once the document was properly explained and e-mailed, Ms. Childs proceeded
to correctly e-file the Proposed Final Pretrial Order.
Carla Pavese contacted Ms. Childs later that day to see how to withdraw docket items 85 and
ALL T9
GLASGOW/BEAR OFFICE 840 N. UNION STREET S
1400 PEOPLES Pm2A, SUITE 101 RO BOX 514
NEWARK, DELAWARE 19702 W 9 231 N` NEW STREET
TE1.E1>HoNE; 302 832 6000 TELEPHONEI 302 658 8940 TELECOPIERZ 302 654 8377
TELECOPLEK 302 832 6008 E—MAu.: [email protected] TELECOPIER; 302 389 0005

Case 1:04-cv—O1540-G|\/IS Document 92 Filed 06/O2/2006 Page 2 of 2
86. Ms. Childs called the Clerk of the Court to ask how to withdraw docket items and was
transferred to Your Honor’s Chambers. She then called Ms. Pavese and told her that a letter had to
be electronically filed requesting Your Honor to withdraw the docket items 85 and 86, that were
incorrectly tiled. We electronically filed a letter to Your Honor requesting docket items 85 and 86
to be withdrawn as they were duplicates and were re—filed Wednesday morning.
We offer our most sincere apologies for the clerical errors ofthe filing of the Proposed Final
Pretrial Order on Tuesday. The tiling was ministerially tiled incorrectly and corrected immediately
the next business morning.
Respectfully Submi%
Stephen B. Potter {W}
SBP/pjc
cc: Mason Turner, Esquire
Leon Aussprung, Esquire