EVANS et al v. DURHAM, NORTH CAROLINA, CITY OF et al

Filing 68

NOTICE of Linwood Wilson's Opposition to 67 MOTION to Compel Rule 26(f) Conference; filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN (Attachments: # 1 Exhibit 6, # 2 Exhibit 7) (DAVANT, CHARLES) Modified on 7/2/2008 to reflect accurate title of pldg. (Lee, Lisa).

Exhibit 7

Linwood E. Wilson
6910 Innesbrook Way Bahama, NC 27503 _____________________________ June 27, 2008 Mr. Charles Davant IV Williams & Connolly LLP 725 Twelfth Street, N.W. Washington, D.C. 20005 RE: Plaintiffs' Motion To Compel Defendants To Confer Under Rule 26(f) In Case# 1:07CV739 Mr. Davant, Today, I am in receipt of your, above referenced, motion filed on June 24, 2008. On May 20, 2008, I received an email, with Letter attached in .pdf format, from Regina Williams (<[e-mail]>) See attachment1. I responded to that email on May 22, 208 (also included in attachment 1). Upon reading your letter, it was my understanding that you were attempting to confer with all the defendants' attorneys and myself in the scheduling of a Rule 26(f0 conference. I agreed to be available to confer with everyone in regards to that scheduling. I did not know that you believed that I was agreeing to a Rule 26(f) conference itself, especially when my Motion To Dismiss has not yet been heard. I have not received any further correspondence from your office regarding this matter since that email. I wish to inform you that I do not agree to a Rule 26(f) conference and do not think it is appropriate until the court has ruled on my Motion To Dismiss. That is putting the cart well ahead of the horse. I have taken the same position in 1:08CV119 and asked the court to join me with the other defendants in their responses to the Motion for Rule 26(f) Conference in that action as well. (Even though my answer wasn't due until today in that matter.) I ask that you correct your Motion, page 2, which states "Only Defendant Linwood Wilson has stated that he is willing to confer as required by Rule 26(f)." I will be filing my response to your Motion as well. I am, Sincerely,

Linwood E. Wilson Cc: Defendants' Attorneys By Electronic Mail