Free Letter - District Court of Delaware - Delaware

Case 1 :05-cv-00072-JJF Document 85 Filed 09/19/2006 Page 1 of 4
SL LLP —¤=·S¤¤ M·B¤¤¤r
[email protected] .
2l2.715.‘l0'l'2
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399 Park Avenue
New York. NY 10022-4590
September 18, 2006 ’
BY HAND
Honorable Joseph .l. Farnan ir.
United States District Court
for the District of Delaware
J. Caleb Boggs Federal Building
844 N. King Street
Wilmington, DE 19801
Re: Stemziale. v. McGladrey & Puller:. LLP, et al.,
C.A. No. 1:05-cv-00072-JJF
Dear Judge Faman:
We write jointly on behalf of defendants McGladrey & Pullen, LLP
("McGladrey") and Michael Aquino ("Aquino"), and plaintiff Charles A. Stanziale, lr.,
Chapter 7 Trustee of Student Finance Corporation (the "Trustee"), seeking clarification
regarding the Court’s August 10, 2006 decision and order on MoGiadrey and Aquino’s
Motion to Dismiss The Trustee’s Amended Complaint In Part (the "August l0 Order°’).
(D.I. 52). Specifically, the parties disagree whether the August l0 Order has triggered
Mcffiiadrey and Aquino’s time to answer the Trustee’s Amended Complaint pursuant to
Rule l2(a)(4). Pending the Court’s resolution of this issue, the parties have agreed to
extend McGladrey’s and Aquino’s time to answer the Amended Complaint.
The Trustee believes that the August l0 Order denied McGladrey’s and Aquino’s
motion to dismiss, and there is no longer a Rule l2(b) motion pending in the case that
tolls McGladrey’s and Aquinc’s time to tile an answer to the Amended Complaint.
While defendants filed a supplemental brief in support of their motion to dismiss, it was
not a separate motion and is not listed as pending on the docket. Accordingly, the
Trustee has offered a short extension ofthe time to answer, but believes that the time has
come for defendants to tile their answer and affirmative defenses.
McGladrey and Aquino believe that this Court’s June 6, 2006 order permitted
Pepper Hamilton and any other party to move for relief based upon the Third Cireuit’s
decision in Seitz v. Derweilcr, Hershey cmdAss0ciares, P. C. (In re CftX Corp.), 448 F .3d
672 (3d Cir. 2006). McGladrey and Aquino filed that motion on luly 6, 2006 as a
Supplemental Memorandum of Law In Further Support of Motion To Dismiss The
Trustees Amended Complaint ln Part (the "Saftz Motion”). Since the Seitz Motion to

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