Free Response to Motion - District Court of Delaware - Delaware

Case 1:05-cv-00762-SLR Document 101 Filed O3/05/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CONNECTICUT BANK OF )
COMMERCE, )
Plaintiff, g
v. i Civil Action No. 05-762 SLR
THE REPUBLIC OF CONGO, i
Defendant; i
CMS NOMECO CONGO INC., i
Garnishee. i
GARNISHEE CMS NOMECO’S RESPONSE
TO AF-CAP’S MOTION TO STAY BRIEFING SCHEDULE BASED
UPON SETTLEMENT WITH JUDGMENT DEBTOR
Garnishee CMS Nomeco Congo Inc. ("CMS Nomeco") submits this Response to
the Motion to Stay Briefing Schedule Based Upon Settlement With Judgment Debtor tiled by
Af—Cap, Inc. ("Af—Cap") on March 2, 2007.
Pursuant to the directives of the Court at the conference held on January 18, 2007,
and this Court’s briefing Order dated February 9, 2007, the parties were directed to brief certain
threshold legal issues raised by this gamishment action. Under the terms of the briefing Order,
Af-Cap’s Reply Briefis due today, March 5.
During the week of February 26, 2007, counsel for Af-Cap informed counsel for
CMS Nomeco that Af-Cap and the Congo had settled the underlying debt and proposed a
stipulation of dismissal ofthe garnishment action, with each party to bear its own costs. On
February 28, 2007, counsel for CMS Nomeco informed counsel for Af-Cap that CMS Nomeco
intends to pursue recovery of its fees and eosts from Af—Cap, and that CMS Nomeco therefore

Case 1:05-cv-00762-SLB Document 101 Filed O3/05/2007 Page 2 of 3
did not agree t0 the proposal for a stipulation of dismissal in which CMS Nomeco would give up
its claims for attorney’s fees and costs.
Af—Cap has now sought a stay of the briefing schedule "pending a final dismissal
of this matter." In that motion, Af-Cap asserts that "CMS refuses to consent to dismissal," but
fails to disclose the existence of issues relating to recovery of attorney’s fees and costs. CMS
Nomeco has no opposition to a stay ofthe March 5 deadline for the filing of Af-Cap’s Reply
Brief, pending further proceedings on Af—Cap’s anticipated motion to dismiss in light of the
settlement and CMS Nomeco’s claims for attomey’s fees and costs, but CMS Nomeco objects to
the language in Af—Cap’s proposed Order to the extent that it suggests that no further briefing on
any issues will be necessary prior to final dismissal of this matter. CMS Nomeco respectfully
submits that further briefing on the issues relating to CMS Nomeco’s right to attorney’s fees and
costs will be appropriate. Nevertheless, CMS Nomeco agrees that there is no need at this time
for Af-Cap to proceed with the filing of the Reply Brief due on March 5, 2007.
CONCLUSION
For the reasons set forth above, CMS Nomeco Congo Inc. has no opposition to a
stay of Af—Cap’s March 5, 2007 deadline for filing ofa Reply Briei pending further Orders of
the Court.

Case 1 :05-cv-00762-SLR Document 101 Filed O3/05/2007 Page 3 of 3
Respectfully submitted,
OF COUNSEL: /s/ M. Duncan Grant
M. Duncan Grant (Del. Bar No. 2994)
Guy S. Lipe James C. Carignan (Del. Bar No. 4230)
Jason M. Powers PEPPER HAMILTON LLP
VINSON & ELKINS L.L.P. Hercules Plaza, Suite 5100
First City Tower 1313 N. Market Street
1001 Fannin Street, Suite 2300 P.O. Box 1709
Houston, TX 77002-6760 Wilmington, DE 19899-1709
(713) 758-2222 (302) 777-6500
Dated: March 5, 2007 Attorneys for Gamishee CMS Nomeco Inc.
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