Free Letter - District Court of Delaware - Delaware

Case 1:04-cv—O1324-JJF-LPS Document 92-2 Filed O9/O9/2005 Page1 0f4

Case1 4-cv—O1324-JJF-LPS _ Document 92-2 Filed O9/O9/2005 Page2of4
1
1 IN THE UNITED STATES DISTRICT COURT
2 IN AND FOR THE DISTRICT OF DELAWARE
3 - - -
THOMAS A. EAMES, on behalf of
4 themselves and all others : CIVIL ACTION
similarly situated; ROBERTA L. :
5 EAMES, on behalf of themselves :
and all others similarly :
· 6 situated; TAMMY EAMES, on behalf:
of themselves and all others :
7 similarly situated; :
8 Plaintiffs, :
9 v :
10 NATIONWIDE MUTUAL INSURANCE :
COMPANY, :
ll :
Defendant. NO. 04-1324 (KAJ) _
12 - - -
13 . Wilmington, Delaware
Friday, August 5, 2005 at 10:00 a.m.
14 TELEPHONE CONFERENCE
15 — — -
15 BEFORE: HONORABLE KENT A. JORDAN, U.S.D.C.J.
1T — — —
APPEARANCES: `
18
19 MURPHY, SPADARO & LANDON
. BY: JOHN S. SPADARO, ESQ.
20
· . Counsel for Plaintiffs
21
22 SWARTZ CAMPBELL, LLC
· BY: NICHOLAS E. SKILES, ESQ.
-` 23
and
24 ·
25 Brian P. Gaffigan
Registered Merit Reporter

ase1:O4-cv—O1324-JJF-LPS Document 92-2 Filed O9/O9/2005 Pag%é3of4
1 complaint. You may not like it but that doesn‘t make it
2 "irrelevant." It also doesn't make it outside the bounds of
3 proper discovery.
4 So what l'm telling you is if it comes down to ·
5 advocacy before me on those discovery dispute, you come up
6 way short, mister -- way, way, way short. The record that
7 looks like has developed here that is presented to me is
8 basically one where you said I'll give you the document.
9 I‘ll give you the contract. Otherwise, you can drop dead
10 until my l2(b} of is decided. That is sort of the gist of
ll the feeling or the communications that seem to be going back
12 and forth. And I'm just trying to disabuse you of this in
13 the most direct, clear, emphatic way I possibly can. I will
14 not tolerate that. ·
15 If you've got an issue with discovery, your
16 obligation is to sit down and discuss it with the other
17 side. And if Mr. Spadaro is off-putting, he is off—putting,
18 but get past it. And if you need to collect a batch of
19 letters and a history of anecdotes about how Mr. Spadaro is
2O over the top so he can come to me and say he is abusing the
21 process, do it and I'll hear you. But I can tell you now,
22 both sides, if I have to spend an hour with you sorting out
23 who is more obnoxious which is what at least half this Call
24 was about: "He is bad, he is mean, he is nasty, he hit ·
25 first," I'm going to end up leveling sanctions at you

Case :04-cv—O1324-JJF-LPS Document 92-2 Filed O9/O9/2005 Page4ef¢;8
U 1 THE COURT: All right. Yeu knew what?
I 2 Mr. Spadare, these are smart men en the ether side. And I
U 3 think I have been mere explicit and mere direct and emphatic
4 than I‘ve had te be in a leng time with ceunsel in any case
5 se I trust that yeu and they will take the impert ef my
6 werds and manage yeur discevery apprepriately. Ge back and
T leek at the transcript and figure it eut. And if yeu guys `
8 can't figure it eut, at that peint I think we‘ll be stepping
9 it up inte the realm ef sanctiens because I am net geing te
10 spend anether call like this. And I am eenfident that based
11 en what I have already said, peeple can understand and meve
12 ferward.
13 New, let me hasten te add I‘m net saying there
14 is geing te be seme autematic sanctien flying areund if
15 there is anether call. If there is a genuine geed faith
16 dispute yeu can’t get past because I have given yeu
17 statements that are mere general than are needed fer yeu te `
18 really wrestle with a fine peint, I‘m happy te help yeu.
19 What I'm net happy te de is te deal with generalized stuff
20 abeut, ne, I think that nething sheuld happen until my
21 dispesitive metien is decided. What I‘m telling yeu is that
22 dees net fly. That the netien ef get us the decuments te
23 deal with the issues that deal with whether they think that
24 is geing te be in er eut ef the case, at this peint it's in
25 the case based upen the allegatiens and I'm saying ceme te