Delaware River & Bay Authority v. Minor

Superior Court
of the
State of Delaware
Jan R. Jurden Leonard L. Williams Justice Center
President Judge 500 North King Street, Suite 10400
Wilmington, Delaware 19801-3733
Telephone (302) 255-0665
March 9, 2021
Adria B. Martinelli, Esquire Frank Minor
Lauren E.M. Russell, Esquire 210 Abbey Lane
Young Conaway Stargatt & Taylor, LLP Logan Township, NJ 08085
Rodney Square
1000 N. King St. Daniel C. Mulveny, Esquire
Wilmington, Delaware 19801 Department of Justice
820 North French Street, 6th Fl.
Wilmington, Delaware 19801
RE: Delaware River & Bay Authority
v.
Frank Minor and Unemployment Insurance Appeal Board
C.A. No. N19A-10-004 JRJ
Dear Counsel and Mr. Minor:
The Court has received two letters filed on March 3, 2021—one filed
by Appellee Frank Minor and the other filed by counsel for Appellant
Delaware River & Bay Authority.1
In his letter, Mr. Minor asks the Court to strike Appellant’s Reply Brief
because it was filed later than 10 days after Appellant’s counsel received his
Responding Brief.2 Mr. Minor notes that this deadline was established in the
briefing schedule that the Court issued on November 19, 2020.3
1
Trans. ID. 66388073; Trans. ID. 66388192.
2
Trans. ID. 66388073.
3
Trans. ID. 66388192; Trans. ID. 66126992.
Appellant’s counsel respond that, due to COVID-19, they had been
working remotely when the Responding Brief was delivered.4 They also
explain that their law firm’s “normal protocols for logging and emailing mail
to the recipient were for some reason not followed in this instance,” so they
did not receive notice of the Responding Brief until it was filed electronically.5
After they received notice, Appellant’s counsel filed the Reply Brief within
10 days pursuant to Superior Court Civil Rule 6(a).6
Recognizing that we are in the midst of a global pandemic, which has
sown much logistical confusion, the Court declines to strike Appellant’s
Reply Brief for untimeliness.
Very truly yours,
/s/ Jan R. Jurden
Jan R. Jurden
President Judge
JRJ:mls
cc: Prothonotary
4
Trans. ID. 66388192.
5
Id.
6
Id.
2