Free Letter - District Court of Delaware - Delaware

Case 1:08-cv—00O70—SLR Document 15 Filed 04/ 1 7/2008 Pa e 1 of
ck
Wilmington Trust Center; I lO0 North Market Street, Suite l00l,Wi|mington, DE 1980I
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Joseph C. Schoell
Direct Dial: (302) 777-0305
Direct Fax: (302) 778-7805
E-mail; [email protected]
April 17, 2008
VIA HAND DELIVERY
The Honorable Sue L. Robinson
United States District Court
844 King Street
Lock Box 31
Wilmington, Delaware 19801
Re: Syed M. Husain v. Guy Perrotti,
Civil Action No. 1:08-70- SLR
Dear Judge Robinson:
As counsel for defendant, G-uy Perrotti, 1 write in response to plaintiff Syed M. Husain's
correspondence to the Court, dated April l 1, 2008. (D.l. No. 14.)
On April l, 2008, defendant moved to dismiss this action in its entirety based on
insufficiency of service and failure to state a claim. (D.l. Nos. 11, 12.) Apparently in response
to that motion, plaintiff wrote to Your Honor on April 11, 2008 concerning several matters.
First, the Court should deny plaintiffs request to set this matter for a preliminary
injunction hearing. Plaintiff proceeds with the mistaken understanding that, because he has
applied for relief under Federal Rule of Civil Procedure 65, he is entitled to proceed without
proper service or without filing a proper pleading under Rules 7 and 8. Plaintiffs position is
without merit. As pointed out in the memorandum of law in support of defendants motion to
dismiss (D.I. 12), the papers filed by plaintiff} whether construed as a "complaint" or as a
"motion" for preliminary injunction, are plainly inadequate to support the relief he requests,
namely, that the Delaware Psychiatric Center be ordered to issue him a "certiiicate," in a form he
has prepared, to commemorate his less than one year of service as a resident of the Delaware
State Hospital, from July 1, 1990 until June 23, 1991. On behalf of defendant, 1 respectfully
request that the Court deny plaintiffs Rule 65 motion, and either direct him to submit a proper
pleading, or direct him to respond to the defendanfs motion to dismiss this action.
wrmi 520. 1 .#oEi,22r-246720
Boston. MA I Cherry l—·iill, N] I Harrisburg. PA I NewYork, NY I Norristown, PA I Philadelphia. PA I Roseland, Nj I Wilmington. DE
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Case 1:08-cv—OOO70—SLR Document 15 Filed O4/17/2008 Page 2 of 2
The Honorable Sue L. Robinson
April 17, 2008
Page 2
Second, I understand plaintiffs letter to withdraw plaintiffs motion for default judgment
(D.I. 13), and accordingly, defendant intends not to further respond to that motion.
Third, I understand from plaintiffs letter that he consents to the substitution of the current
Director of the Delaware Psychiatric Center as a defendant in lieu of Mr. Perrotti, who is the
former Acting Director. As indicated in defendant's memorandum of law, Husam Abdallah
succeeded Mr. Perrotti as director on February l l, 2008, and accordingly Mr. Abdallah should
be substituted as a party defendant under Rule 25(d)(l). Enclosed is a form of order for the
Court's consideration that would substitute Mr. Abdallah as the defendant in this matter.
I am available at the Court's convenience should Your Honor have any questions
concerning this matter.
Respectfully,
W Cr M
Joseph C. Schoell
I.D. No. 3133
For WolfBlock LLP
Enclosure
cc: Clerk of the Court (via CM/ECF electronic filing; with enclosure)
Syed M. Husain (via first class mail; with enclosure)
W[Lt'J·`l520.IfDEL22T—246?20

Case 1:08-cv-00070-SLR Document 15-2 Filed 04/17/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SYED M. HUSAIN, )
)
Plaintiff )
)
v. ) Civil Action No. 08-070-SLR
)
GUY PERROTTI, Acting Director of the )
Delaware Psychiatric Center, )
)
Defendant. )
ORDER
AND NOW, this _ day of , 2008, it appearing that on or about
February ll, 2008, defendant Guy Perrotti was succeeded and replaced in his capacity as Acting
Director ofthe Delaware Psychiatric Center by Husam Abdallah, who is the current Director of
the Delaware Psychiatric Center,
IT IS HEREBY ORDERED THAT:
I. Pursuant to Rule 25(d)(1) ofthe Federal Rules of Civil Procedure, the Court
orders that Husam Abdallah, Director of the Delaware Psychiatric Center, be substituted as a
party defendant for defendant Guy Perrotti.
2. Effective immediately, all pleadings and papers tiled in this matter shali include
the following caption:
WlL:?I522.I/DEL22$'—24(:’/20

Case 1:08-cv-00070-SLR Document 15-2 Filed 04/17/2008 Page 2 of 2
SYED M. HUSAIN, )
)
Plaintifi )
)
v. ) Civil Action No. 08-070-SLR
)
HUSAM ABDALLAH, Director ofthe )
Delaware Psychiatric Center, )
)
Defendant. )
Sue L. Robinson
United States District Court Judge
WlL:71522.l/DEL227—24672D - 2 -

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