Free Letter - District Court of Delaware - Delaware

Case 1:05-cv-00762-SLR Document 104 Filed 03/09/2007 Page 1 of 1
PBDDBP 112lIIlllL[lIl LLP
Attorneys at Law
Hercules Plaza, Suite 5100
1313 Market Street
PO. Box 1709
Wilmington, DE 19899-1709 M Duncan Gnnnn
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March 9, 2007
Via CM / ECF
Honorable Sue L. Robinson
United States District Court
844 King Street
Wilmington, DE 19801
Re: Connecticut Bank of Commerce v. Republic of Congo,
Defendant, CMS Nomeco Congo, Inc., Gamishee
Civil Action No. 05-762 SLR
Dear Judge Robinson:
We have received Mr. Detweiler’s letter to the Court of today and Af-Cap’s
Notice of Dismissal Pursuant to Rule 4l(a)( l)(i). We respectfully submit that in light of the fact
that garnishee CMS Nomeco Congo, Inc. has answered the writ of garnishment in this
proceeding, with a request for attomey’s fees and costs included in the answer, Af-Cap’s notice
of dismissal is inappropriate and in any event ineffective under Rule 4l(a)(l)(i). That is because
Rule 4l(a)(1)(i) permits dismissal upon notice by the plaintiff only when no answer or motion
for summary judgment has been filed "by the adverse party." Here, CMS Nomeco, the adverse
party, did file an answer, so dismissal may be obtained only by stipulation or order of the Court.
CMS Nomeco intends to pursue recovery ofits attorney’s fees and costs incurred in this
proceeding, which means that there will be further proceedings in this action.
Respectfully,
/s/ M. Duncan Grant
M. Duncan Grant (Del. Bar No. 2994)
Enclosure
cc: Donald J. Detweiler, Esq. (Via CM / ECE)
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