Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00911—G|\/IS Document 38 Filed 08/05/2005 Page 1 of 2
ROSENTHAL, MONHAIT, GROSS 8 GODDESS, P. A.
‘ ATTORNEYS AT LAW
SUITE mon, one MARKET STREET
E. o. Eox rom TELEPHONE (302) 656-4433
JOSEPH A- ROSENTHAL WILMINGTON, DELAWARE 19899-1070 FACSIMILE (302) 656-7567
NORMAN M. M0N1·¤MT E-MA11. [email protected]
KEVIN GROSS
JEFFREY s. GODDESS
CARMELLA R KEENER
EDWARD E. ROSENTHAL
JESSICA zE1.D1N August 5> 2005
By Hand with Enclosures;
Filed Electronically w/0 Enclosures
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 Sleet:
In accordance with the Court’s August 1, 2005 Order (the "Order") at paragraph 3,
Delaware River and Bay Authority submits herewith copies of the documents in the claims file
which are dated between August 9, 2002 and June 27, 2003, for in camera review. DRBA
continues to assert that these documents were prepared in anticipation of litigation, and that they
are therefore, protected by the work-product privilege and not discoverable. However, Your
Honor will find that as to certain of these documents, for the sake of completeness, we have
enclosed non-privileged documents if they were enclosures to a privileged communication. Those
non-privileged documents have already been produced to the plaintiffs.
In addition, pursuant to Your Honor’s instruction at paragraph 4 of the Order, DRBA
provides the following information regarding the documents claimed under the privilege log entry
"correspondence between Mary Elisa Reeves, Bonnie Miller, John Schaffer, and/or Karen
Hildebrandt." Ms. Reeves. lead counsel for DRBA in this matter, was a participant in each of

Case 1:04-cv-00911-GMS Document 38 Filed 08/05/2005 Page 2 of 2
The Honorable Gregory M. Sleet
August 5, 2005
Page 2
these pieces of correspondence either as an author or recipient. In addition, all documents which
constitute communications involving Mary Elisa Reeves are dated subsequent to June 27, 2003,
and are, therefore, covered by the Court’s ruling in paragraph l of the Order. DRBA respectfully
submits that it should not be required to itemize all of these communications, which are covered
by both the attomey—client and work-product privilege. Accordingly, DRBA does not anticipate
providing any further detail regarding these documents unless so directed by the Court.
Counsel for DRBA stand ready to respond to any further inquiry by this Court regarding
the documents enclosed for in camera review, and any questions involving the documents
referenced in paragraph 4 of the Court’s Order.
Respectfully,
Carmella P. Keener
(DSBA No. 2810)
CPK/mcm
Enclosures
cc: James J. Woods, Esquire (via electronic delivery w/o enclosures)
Mary Elisa Reeves, Esquire (via electronic delivery w/o enclosures)
Donald M. Ransom, Esquire (via electronic delivery without enclosures)
Clerk of the Court (via hand delivery, w/o enclosures)