Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00344-KAJ

Document 48

Filed 12/23/2005

Page 1 of 1

BIGGS AND BATTAGLIA
VICTOR F. BATTAGLIA ROBERT D. GOLDBERG PHILIP B. BARTOSHESKY VICTOR F. BATTAGLIA, JR.

ATTORNEYS AT LAW 921 NORTH ORANGE STREET P.O. BOX 1489 WILMINGTON, DELAWARE 19899 (302) 655-9677 TELECOPIER (302) 655-7924 writer=s e-mail address: [email protected]

OF COUNSEL

JOHN BIGGS III GERARD P. KAVANAUGH, SR. S. BERNARD ABLEMAN

December 23, 2005 Via Electronic Filing The Honorable Kent A. Jordan District Court of Delaware 844 North King Street Wilmington, DE 19801 RE: Ernestine Parker v. Comcast Corporation, et al. C.A. Number: 04-344 KAJ

Dear Judge Jordan: I am writing in response to the Defendants' letter advising the Court of the recent Opinion in Johnson v. Thru Point, Inc., No. 04-3386 (3d Cir. December 20, 2005). Contrary to the Defendants' assertion, the Johnson case is not similar to the present action. In Johnson, the terminated employee apparently did not file an FMLA application with his employer and his only statement to the employer concerning any impairment was that "something was wrong". In the present case, before her employment was terminated, the Plaintiff had filed two FMLA applications, had collapsed at work and had discussions with her supervisors concerning her chronic headaches. Johnson v. Thru Point, Inc., if anything, supports the Plaintiff's case to the extent it shows the sharp contrast between Johnson's nearly complete lack of communication to his employer concerning his impairments and the present Plaintiff's numerous communications to her employer concerning her impairment. Respectfully submitted, /s/ Victor F. Battaglia (#156) Victor F. Battaglia VFB/fkb cc: John B. Langel, Esquire, via first class mail Farrah I. Gold, Esquire, via first class mail William Kelleher, Esquire, via electronic filing