Free Letter - District Court of Delaware - Delaware

Case 1 :05-cv-00072-JJF Document 214 Filed 08/30/2007 Page 1 of 3
Asn-1EY & GEDDES
ATTORNEYS AND COUNSELLOR5 AT LAW '|'E|_=pH°NE
soo DELAWARE AVENUE °°2'°°"'°°°
R. 0. Box uso :,_°';;:[:;‘§°,
w|LM|NGTON. DELAWARE 19899
August 30, 2007
VIA ELECTRONIC FILING AND HAND DELIVERY
The Honorable Joseph J. Farnan, Jr.
United States District Court
844 N. King Street
Wilmington, Delaware 19801
Re: Wells Fargo Bank NA. v. Royal, Civil Action No. 02-1294-JJF
Charles A. Stanziale, Jr., Chapter 7 Trustee of Student Finance Corp. v. Pepper
Hamilton, et al., Civil Action No. 04-1551-JJF
Charles A. Stanziale, Jr., Chapter 7 Trustee of Student Finance Corp. v.
McGladrey & Pullen LLP, et al., Civil Action N0. 05-72-JJF
Royal v. Pepper Hamilton, et al., Civil Action No. 05-165-J JF
Dear Judge F arnan:
We are counsel for Royal Indemnity Company ("Royal") in the above-referenced matters
currently pending before Your Honor. Today, Royal filed the enclosed emergency motion to
compel production of certain documents withheld by defendants Pepper Hamilton LLP and
Roderick Gagné (together, "Pepper"). The basis for Royal’s motion is that two of Pepper’s
expert witnesses stated at their depositions that they had been provided certain materials utilized
in connection with the preparation of their expert reports. The expert reports did not disclose
these materials, and Pepper has refused to produce them in response to Royal’s express requests.
Royal’s memorandum in support of its motion sets forth in detail the nature of these documents
and why production is warranted.
By order of this Court, expert discovery closes on September 5, 2007, and indeed, the
pretrial conference for these cases is scheduled for October 4, 2007; therefore, it is imperative
that Pepper produce these documents without delay. If Royal is not permitted access to these
materials, it will be prejudiced in its ability to fully cross-examine these experts regarding their
opinions. Therefore, Royal respectfully requests that the Court grant its emergency motion and
compel Pepper to produce the requested documents as soon as possible.

Case 1:05-cv-00072-JJF

Document 214

Filed 08/30/2007

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