Free Letter - District Court of Delaware - Delaware

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· Case 1:05-cv-00068-SLR Document 10 Filed O3/10/2005 Page 1 of 2
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Edwards a~Angell j
919 North Market Street Wilmington, DE 19801 $02777.7770 fax $02777.7263
Denise Seastone Kraft
3024257106 t
fax 0%.525.9741 i
[email protected]
March 10, 2005
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BY HAND §;
Honorable Sue L. Robinson I
U.S. District Court for the District of Delaware . I i
844 North King Street
Lockbox 31 .
Wilmington, DE 19801 .
Re: T he CTC Litigation T rust v. Robert JC Fabbricatore, et ol. . . .
c.A. N0. 05-cv-68 5 r t
Dear Chief Judge Robinson: __
This firm represents Defendants Katherine D. Courage, Henry Hermann, Kevin J. Maroni, J.
Richard Murphy, Robert Nicholson, Mark E. Nunnelly, Richard J. Santagati, Ralph C. Sillari,
Scott -M. Sperling and Ralph S. Troup ("Outside Director Defendants"). I am in receipt of a
letter to the Court dated February 24, 2005 from Counsel for CTC Litigation Trust, Chad Toms,
stating that on February 23, 2005, the Honorable Paul B. Lindsey issued an Order transferring
this action to the United States Bankruptcy Court for the District of Massachusetts (“the Transfer
Order") and requesting that the Court remove from its pending docket the Motion of Outside
Director Defendants for Withdrawal ofthe Reference Under 28 U.S.C. §157(D) and Fed. R; 1
Bankr. P. 5011 ("Withdrawal Motion") because ofthe entry of the Transfer Order in Bankruptcy
Court. I write to update the Court on the status of this matter.
On March 4, 2005, the Outside Director Defendants’ filed inthe Bankruptcy Court an Objection
to the Bankruptcy Court’s February 22, 2005 Recommendation to Grant Plaintiff s and One
Defendant’s Joint Motion to Transfer Venue to the United States Bankruptcy Court for the . 1 i
District Of Massachusetts [Docket No. 123] (the "Objection"). The basis ofthe Objection is that l
the Transfer Order included the non-core actions filed against the Outside Director Defendants I
for breaches of fiduciary duty and that Bankruptcy Court Orders involving non—core matters
must be reviewed de novo by the District Court pursuant to 28 U.S.C. § 157(a). The CTC
Litigation Trust‘s response is due March 18, 2005. After briefing on the Objection is completed,
the objection should be transferred by the Bankruptcy Court to the District Court for
determination pursuant to Federal Rule of Bankruptcy Procedure 9033. Accordingly, the
pending Outside Director Defendants’ Withdrawal Motion should not be removed from the
pending docket at this time.
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BOSTON I FI`. LAUDERDALE E HAR'H°ORD I NEW YORK 3 PROVIDENCE I SHORT HILLS, N] I STAMZFORD I WESTPALM BEACH 1 WILMINGTON I LONDON
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Case 1:05-cv-OOO68-SLR Document 10 Filed O3/10/2005 Page 2 of 2 0 l
Edwards o~Angcll gu
Honorable Sue L. Robinson `
March 10, 2005
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Respectfully, 4 -
Demse Seastone Kraft =
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t>s1 _ cc: Attached service list
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