Free Letter - District Court of Delaware - Delaware

Case 1 :05-cv-00022-M PT Document 165-3 Filed 04/ 1 8/2008 Page 1 of 2
A DBASEYZ MAHONIEY & VA1LEN1l`l[Nll.lL1l`D.
ATTORNEYS AT mw - Pnocrons IN ADMIRALTY
-‘ FRANCIS J. DEASEY 3 NEW IERSEY OFFICE
HARRY G. MAHONEY BO TANINIER STREET
-2 JAMES W. DALYT 160] MARKET STREET umuommu, N1 nam-2419
s §iQa”‘%£‘Z‘tT’t§s`tt’*'l§'°“*“* rureanstrms, PA 19103-2301 m.t?Ft.t?§?£ilim
I HENRI MMRCBL 21s~ss7-9400
1 2* 5‘5” tm
sreriggr press? rmuscr umm; [email protected] ¤*E1m·;%*g¤¤
l 5. HUNTER? VOICE-MAIL EXTENSION #134 imcsnnisz 6g0·H92-2926
' l CHRISTOPHER G. MAVROST
i ELYSE G. CRAWFORD OF COUNSEL:
THOMAS C. GALLAGHIERt FRANK C. BENDER
· ANDREW B. ADMR ' WILLIAM R. DEASEY
I ‘;§t~K‘1lh§5“l;ri°ELL“ APH} l7» 2000 .srt§’éi§§im
MICHAEL F. SCHLHIGHY 1980-1997
- DIANA P. SISUMT TA.-LSU MEIVIBER NI BAR
LISAA. BLACKWOOD .1: ALSO MEMBER CA BAR
ICRYSTN E. MUNDY2 0 ALSO MEMBER NY BAR
; MATTHEW J. IUNKT zA.LS0 MEMBERNV BAR
VIA FACSINIILE
I Royce W. Smith, Esquire p
i Kline & Specter
fl l525 Locust Street, 19th Floor
,3 Philadelphia, PA 19102
Re: St. Paul Mercury Insurance Ce. v. Maly Yan
Our File N0. 350.21939
Dear Mr. Smith:
This will confirm the voice mail message left with you concerning the Notices to Attend
received by our office on April 16, 2008. As I advised, the cover letter accompanying the I
Notices to Attend is dated April 11, 2008 and the letter is addressed to the firm of Deasey,
if Mahoney & Bender at the 1800 John F. Kennedy Boulevard address. For the record, the name of
the tirm is Deasey, Mahoney & Vaientini and we have not been at that address since July 2007.
§ The present address of Deasey, Mahoney & Valentini is Suite 3400, 160l Market Street,
gf Philadelphia, PA 19103.
I Upon receiving the Notices to Attend, we contacted Judge Thynge’s deputy clerk to
determine the proper procedure for objecting to the Notices to Attend. We were informed that
,5 we should contact you tirst to discuss our objections and if we are unable to resolve the dispute
to forward a letter to Judge Thynge with a request for an immediate conference call to discuss
the matters further. In accordance with the instructions of Judge Thynge’s chambers, we request (
- that you contact us immediately upon receipt of this correspondence.
_¤i Initially, we object to the Notices to Attend in lieu of a subpoena since there is no
_E procedure under the Federal Rules of Civil Procedure for issuing such notices. lf you have legal
jg authority to the contrary, kindly advise.

_‘ Case 1 :05-cv-00022-M PT Document 165-3 Filed 04/ 1 8/2008 Page 2 of 2 .
3,Q PAGE ***0- 2 ‘“ Royce W. Smith, Esquire ‘
April 17, 2008
2 l
, I Nevertheless, it is our present intention to have Cheryl Stanisziewsky, Sterling Newsome
and Steven Ames available at trial to testify. If our intention in this regard changes, we will
I advise immediately. With respect to these individuals, there is no need to serve us with a
subpoena
Susi Hadi is not our client. Therefore, you will need to subpoena her to compel her
attendance at trial. John Leer is not an employee of Pack & Process or St. Paul Mercury
Insurance Company. Thus, you will need to subpoena him to compel his attendance at trial.
· While Mike Warren is presently employed by Travelers Insurance Company, he resides in
{ Atlanta, Georgia and is not an officer or managing agent of Travelers Insurance Company. Thus,
_{ he cannot be compelled to attend a trial in Wilmington, Delaware. We will obj ect to any attempt
i to compel his attendance at time of trial.
{ Robert Macknis is a former employee of Pack & Process residing in Delaware. If you
1 subpoena him to testify at trial, we will obj ect to any testimony given by Mr. Macknis since he
was not employed by Pack & Process in 200i, having retired from the company in July, 2000.
Upon receipt of this correspondence, kindly contact the undersigned so that we may
ei-_ discuss this further. If I do not hear from you by 2:00 p.m, I will assume that we will need to
E, address these issues with the court and will correspond with the court outlining our position and
requesting an immediate telephone conference call.
Very truly yours,
` g DEASEY, MAHONEY & VALENTINI, LTD.
L; By; l` o
FRANCIS J. DEASEY, ESQUIRE
FJD/nrt :
cc: Jonathan M. Cohen, Esquire (w/enci. viaffax) 5