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Case 1 :04-cv—00344-KAJ Document 47 Filed 12/23/2005 Page 1 of 2
LAW OFFICES
BAL.L..ARD SPAHR ANDREWS Sa INGERSOLL., L.L.F* ,,,_,,,_,,_D5l_F.H,,,, PA
919 NORTH MARKET STREEI Iam FLOOR BALTIMORE, Mo
WILMINGTON, DELAWARE IQBCII-EO34 oerwaa, co
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WILLIAM M. matteman
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December 23, 2005
VIA HAND DELIVERY AND E-FILING
The Honorable Kent Jordan
U.S. District Court
Lockbox 18
844 N. King Street
Wilmington, DE 19801
Re: Ernestine Parker v. Wal—Mart Stores, Inc.
Civil Action No. 04-344-KAJ
Dear Judge Jordan:
Pursuant to Local Rule 7.1.2(c), Defendants write to advise the Court ofthe Third
Circuit’s recent opinion in Johnson v. Thru Point. Inc., No. 04-3386 (Bd Cir. Dec. 20, 2005), a
case similar to the instant action.
Specifically, in Johnson, the Third Circuit determined that the plaintiff could not
establish that his employer discriminated against him on the basis of an alleged disability when
the plaintiff had not informed his employer that he was disabled. Though decided under the New
Jersey Law Against Discrimination and New York Human Rights Law, the Third Circuit looked
"to the case law interpreting the Americans with Disabilities Act ("ADA") for guidance? Q
Relying on Jones v. UPS, 214 F.3d 402 (3d Cir. 2000), cited in Defendants’ initial and reply
briefs, the Third Circuit held that "an employee complaining of discrimination because of a
disability must be able to show that the employer was on notice of the disability? g In that
case, the plaintiffs statement that “something was wrong" was deemed insufficient notification
to the employer that the employee was disabled. Id, Like here, the plaintiff in that case
continued to perform, and affirmed that he was capable of performing, his job duties. Thus, the
Third Circuit determined that there was “11o evidence to indicate that ThruPoint could have
known of J ohnson’s [alleged disability]? kl,
DMEAST #9415392 v1

Case 1 :04-cv—00344-KAJ Document 47 Filed 12/23/2005 Page 2 of 2
The Honorable Kent A. Jordan
December 23, 2005
Page 2
Thank you for your consideration.
Respec§;lly Submitted,
William M. Kelleher
Enclosure
ec: John B. Langel, Esquire
Farrah I. Gold, Esquire
Victor Bartaglia, Esquire
¤1v1eAsT#s41ese2 v1

Case 1:04-cv-00344-KAJ

Document 47

Filed 12/23/2005

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Case 1:04-cv-00344-KAJ

Document 47

Filed 12/23/2005

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