Free Motion to Stay - District Court of Delaware - Delaware

Case 1:05-cv-00762-SLR Document 100 Filed 03/02/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
............................................................... .X
CONNECTICUT BANK OF COMMERCE, l
Plaintiff, z
_ against _ ¥ Civil Action No. 05-762 SLR
THE REPUBLIC OF CONGO, 2
Defendant, :
CMS NOMECO CONGO INC., l
Gamishee. i
............................................................... .X
PLAINTlFF’S MOTION TO STAY BRIEFING SCHEDULE BASED UPON
SETTLEMENT WITH JUDGMENT DEBTOR
Plaintiff, Af-Cap, Inc. (assignee of Connecticut Bank of Commerce) ("Af-Cap"),
by and through undersigned counsel, respectfully requests that the Court stay the pending
briefing schedule because Af-Cap has resolved its dispute with the Judgment Debtor,
Republic of Congo ("Congo"). Thus, Af-Cap’s action on the underlying judgment is no
longer a case and controversy between it and Congo. It is axiomatic that if Af-Cap no
longer has a claim against the Judgment Debtor, garnishment of Congo’s assets is no
longer necessary.
Under the current briefing schedule, Af-Cap’s Reply Brief on the Judgment
Motions is due on March 5, 2007. Af-Cap advised gamishee, CMS Nomeco Congo, Inc.
("CMS"), of the settlement with Congo and sought its agreement on dismissing the action
under Rule 41 of the Federal Rule of Civil Procedure. Af-Cap also understands that
Congo has advised CMS of the settlement. Despite the settlement between the real
I

Case 1:05-cv-00762-SLR Document 100 Filed 03/02/2007 Page 2 of 4
parties in interest (Af-Cap and Congo), CMS refuses to consent to dismissal. By this
motion, Af-Cap seeks to stay the briefing schedule pending a final dismissal of this
matter. Af-Cap respectfully submits the relief requested is appropriate, especially since
the Court need not be burdened with additional briefing on a matter that has been settled.
Af-Cap anticipates filing a Motion to Dismiss with the Court in the near future.
WHEREFORE, Af-Cap (assignee of Connecticut Bank of Commerce)
respectfully requests that the Court enter an order staying the briefing schedule.
Dated: March 2, 2007 GREENBERG TRAURIG, LLP
pj ( Q { ’('-
Donald J. Detweiler (No. 3087)
Dermis A. Meloro (No. 4435)
The Nemours Building
1007 North Orange Street
Suite 1200
Wilmington, DE 19801
(302) 661-7000
and
Kenneth P. Kaplan
Sanford M. Saunders
800 Connecticut Avenue, N.W., Suite 500
Washington, DC 20006
(202) 331-3100
and
James W. Perkins
MetLife Building
200 Park Avenue
New York, NY 10166
(212)801—9200
Attomeys for Plaintiff
2

Case 1:05-cv-00762-SLR Document 100 Filed 03/02/2007 Page 3 of 4
CERTIFICATION
Pursuant to Local Rule 7.1.1, counsel for Af-Cap, Inc. certifies that it attempted to
contact counsel for CMS Nomeco Congo, Inc., by both telephone and electronic mail,
however, it was unable to obtain CMS Nomeco Congo, Inc.’s position on the foregoing
motion.
%e`<€"
Demris A. Meloro (DE No. 4435)
3

Case 1:05-cv-00762-SLR Document 100 Filed 03/02/2007 Page 4 of 4
CERTIFICATE OF SERVICE
I, Dennis A. Meloro, hereby certify that I am an attomey at Greenberg Traurig,
LLP, counsel for the Plaintiff, and that on March 2, 2007, copies of the MOTION TO
STAY BRIEFING SCHEDULE BASED UPON SETTLEMENT WITH JUDGMENT
DEBTOR were served upon the following in the manner indicated.
VIA HAND DELIVERY VIA FEDERAL EXPRESS
M. Duncan Grant, Esquire Guy Lipe, Esquire
James C. Carignan, Esquire Jason Powers, Esquire
Pepper Hamilton LLP Vinson & Elkins LLP
Hercules Plaza, Suite 5100 First City Tower -
1313 N. Market Street 1001 Fannin Street, Suite 2300
Wilmington, DE 19801 Houston, TX 77002
J Q2 {ff
Dated: March 2, 2007
Dennis A. Meloro (No. 4435)
Greenberg Traurig, LLP
1007 North Orange Street, Suite 1200
The Nemours Building
Wilmington, DE 19801
(302) 661-7000
Attomeys for the Plaintiff
4