Free Letter - District Court of Delaware - Delaware

Case 1:08-cv-00184-GMS

Document 17

Filed 07/14/2008

Page 1 of 2

WHITEFORD, TAYLOR & PRESTON L.L.C.
1220 N. MARKET STREET, SUITE 608 WILMINGTON, DE 19801
DANIEL A. GRIFFITH PARTNER
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July 14, 2008 The Honorable Sue L. Robinson, U.S.D.J. The United States District Court for the District of Delaware J. Caleb Boggs Federal Building 844 North King Street Lockbox 31 Wilmington, DE 19801 Re: The Honorable Gregory M. Sleet, U.S.D.J. The United States District Court for the District of Delaware J. Caleb Boggs Federal Building 844 North King Street Lockbox #19 Wilmington, DE 19701

Re: J. Anthony Hutt v. Correctional Medical Services, Inc., et al C.A. No.: 08-cv-184 GMS Charles Austin v. Correctional Medical Services, Inc., et al C.A. No. 08-cv-204 SLR

Dear Judge Sleet and Judge Robinson: I represent Correctional Medical Services, Inc. (CMS) in the above-referenced matters which have been, respectively, assigned to you. Both cases arise out of an identical set of facts and involve identical issues of law. The fifteen plaintiffs in the Hutt case are, like the plaintiff in the Austin case, inmates who allege that a nurse used a single syringe to both draw blood and administer insulin from a common vial, thereby exposing them to blood borne illnesses. For some reason, Mr. Austin apparently chose not to include his claim with those of the fifteen other plaintiffsinmates in Hutt. While it is anticipated that a formal Motion for Consolidation will be filed, at this time I write simply to alert the Court that a Motion to Dismiss Complaint on behalf of CMS pursuant to Fed.R.Civ.P. 12(b)(6) has been filed in both cases and briefing is complete. Since the issues, arguments and, in fact, briefs are virtually identical in both cases, I thought it advisable to notify the Court of the simultaneous pendency of essentially the same motion before two judges.

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Case 1:08-cv-00184-GMS

Document 17

Filed 07/14/2008

Page 2 of 2

The Honorable Gregory M. Sleet and The Honorable Sue Robinson July 14, 2008 Page 2

Thank you for your attention to this matter. Respectfully submitted,

/s/ Daniel A. Griffith Daniel A. Griffith (I.D. No. 4209) DG:rc cc: Ronald Stoner, Esquire Catherine Davamandi, Esquire Staci X. Stewart, Esquire Bruce L. Hudson, Esquire