Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv—0091 1-Gl\/IS Document 42 Filed 08/18/2005 Page 1 of 2
ROSENTHAL, MONHAIT, GROSS 8 GODDESS, R A.
ATTORNEYS AT LAW
SUITE 1401, 919 MARKET STREET
P. o. Box mm rE1.E1>1-nous (som oee-44;·>;-s
JOSEPH A· ROSENTHN- WILMINGTON, DELAWARE 19899-1070 FACSIMILE @021 eee-2562
NORMAN M. MGNHAIT E-Man. [email protected]
KEVIN c.Ross
JEFFREY s. GODDESS August 13, 2005
CARMELLA P. KEENER
EDWARD E. ROSENTHAL
JESSICA zaiom
By Hand with Enclosures;
Filed Electronically w/Privilege Log Only
The Honorable Gregory M. Sleet
United States District Court, District of Delaware
844 N. King Street
Wilmington, DE 19801
Re: Kopacz v. Del. River and Bay Auth. et ana., D. Del., C.A. N0. 04-911 (GMS)
Kopazc v. Delaware River and Bay Auth., D. Del., C.A. N0. 04-1281 (GMS)
Dear Judge Sleetz
I write in response to Your Honor’s Order of August 9, 2005, regarding the documents
submitted by defendant DRBA on August 5, 2005.
I enclose a set of the eighteen (18) "documents" earlier submitted to the Court, which now
have been numbered and organized by defendant’s counsel. At the front of the bound copy is an
updated version of the privilege log previously served and submitted to Your Honor is this matter.
Documents DRBA 00028-66, while previously produced for in camera inspection, did not
appear on the earlier privilege log. In addition, we have added two columns at the left of the
privilege log — the first column indicates whether the document is subject to this Court’s in camera
review and, if it is, the column indicates the tab number behind which the document appears in this
bound set. The second column indicates the bates number now assigned to the documents as to
which Your Honor has ordered an in camera review. If the issue of the production of the
document has already been addressed, either by Your Honor’s previous ruling or by a ruling in the

Case 1 :04-cv—0091 1-GI\/IS Document 42 Filed 08/18/2005 Page 2 of 2
Honorable Gregory M. Sleet
August 18, 2005
Page 2
E.D. Pa., the previous ruling on that document is indicated, and the document is not attached to the
_ privilege log.
Finally, the documents that are bates numbered DRBAOOO32-66 were produced to the
Insurance Fraud Prevention Bureau pursuant to a Subpoena Duces Tecum directed to DRBA.
Because the Insurance Fraud Prevention Bureau’s records are sealed and cannot be subpoenaed in
this action, DRBA asserts that the privileges/protections as to these documents have not been
waived.
Counsel for Delaware River and Bay Authority are available at Your Honor’s convenience
should there be any further question in this regard.
Respectfully,
/s/ Carmella P. Keener
Cannella P. Keener (DSBA No. 2810)
CPK/jls
cc: James J. Woods, Esquire (via electronic tiling w/updated privilege log only)
Mary Elisa Reeves, Esquire (via electronic tiling w/updated privilege log only)
Donald M. Ransom, Esquire (via electronic filing w/updated privilege log only.)
Clerk of the Court (via hand delivery w/updated privilege log only)