Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01254-Gl\/IS Document 197 Filed O4/05/2007 Page 1 of 1
Rzcnanos, Lawton 5. Fsuoan
A F’¥¥OF'ESSlONAL ASSOCIATION
ONE RODNEY EOUAHE
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STEVEN J Fsnemnu ,302,85 [$700 :302-65 l—”7592
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April 5,2007
BY ELECTRONIC FILING
The Honorable Gregory M. Sleet
United States District Court
District of Delaware
844 King Street
J. Caleb Boggs Federal Building
Lockbox 19
Wilmington, DE 19801
Re: Estate of Harry Smith, III, et al. v. John Ciritella, ct al.,
C.A. No. 04—1254»Gl\/IS
Dear Judge Sleet:
I write with respect to the preliminary jury instructions submitted by Plaintiffs this
afternoon. Defendants do not seek to delete any of the language presently contained in the
preliminary jury instructions, but Defendants contend that the preliminary instructions are
incomplete and require additional language to address what Plaintiffs must prove at trial.
Plaintiffs were not willing to include a boided section reflecting Defendants’ proposed additionai
language; as a result, Defendants proposed preliminary jury instructions are enclosed herewith.
The bold reflects Defendants’ proposed addition. The only difference between Defendants’
proposal and the version submitted by Plaintiffs earlier this afternoon is the addition of certain
language inthe Summary of Applicable Law. The source of this language is the Third Circuit
Pattern Jury Instructions (4.1, 4.3, 4.9.1). Without the inclusion of this language, the jury will
have no understanding of what Plaintiffs must prove at trial. For this reason, Defendants
respectfully request that the Court use the enclosed preliminary jury instructions.
If Your Honor should have any questions or concerns, undersigned counsel remains
available at the Court’s convenience.
Respectfully submitted,
SJF/lll Steven J. (#4025)
Enclosure
cc: Kester LH. Crosse, Esquire (wie) (By Hand Delivery)
Anne T. Sulton, Esquire (By Electronic Mail)
mi=1-asserts-1