Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-01324-JJF-LPS Document 121 Filed 11/07/2005 Page 1 of 2
Murphy Spadaro & Landon
Arronnsvs
1011 CENTRE ROAD, SUITE 21O
WILMINGTON. DELAWARE 19805
anon: aoz.·nz.a1oo 3°2·‘m·8'°I
FAX 302.4?2.8135 jaydart1¤T£·m;Ilaw.c0m
November 7, 2005
BY ELECTRONIC FILING AND HAND DELIVERY
James W. Semple, Esq.
Morris James Hitchens & Williams LLP
222 Delaware Avenue, 10th Floor
P.O. Box 2306
Wilmington, DE 19899-2306
RE: Eames v. Nationwide Mut. Ins. Co.
C.A. No.: 04-CV-1324KAJ
Dear Master Semple:
The Eames plaintiffs filed their opening brief in connection with their pending motion to
compel and for sanctions on October 26, 2005. I write now to offer a correction to the opening
brief
At page 3 of the opening brief we stated that
the parties recently stipulated that among documents produced
by three other Nationwide [insurance] agents in response to the
Eames plaintiffs' subpoenas, the "vast majority" set forth the
characterization of PIP limits as "full."
The word "limits" should not have been included in this passage. It reflects our view of the
effect of the parties' stipulation; but that view is not shared by Nationwide, and was not a part of
the stipulation itself. In its answering briei Nationwide correctly notes this error.
The passage should have read to this effect: that the parties have stipulated that the vast
majority ofthe insurance agents’ documents set forth the characterization of PIP as "full."
Vlfhether that characterization relates to the PIP limits (as we contend) or the absence of a PIP
deductible (as Nationwide contends) is a disputed issue. The point of the passage was simply to
emphasize that the use of the "full" modifier is admittedly widespread.
125625

Case 1:04-cv-01324-JJF-LPS Document 121 Filed 11/07/2005 Page 2 of 2
James W. Semple, Esq.
November T, 2005
Page 2
I apologize for any inconvenience caused by our mistake.
U U Respectfully,
I- fsf John S. Spadaro
John S. Spadaro
JSS/slr
Encl.
cc; Curtis P. Cheyney, III, Esq. (by electronic filing)
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