Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01389-JJF Document 81 Filed 10/25/2005 Page 1 of 2
BLANKE ROMELLP
counselors AT mw
Phone: (302) 425-6467
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October 25, 2005
VIA CMF AND HAND DELIVERY
The Honorable Joseph J. Farnan, Jr.
United States District Court
for the District of Delaware
844 King Street
Wilmington, DE 19801
Re: Magten Asset Management Corp. (In re: North Western Corporation)
Your Honor:
We are writing this letter on behalf of Magten and Law Debenture Trust Company of
New York ("Law Debenture"). This will confirm that Magten and Law Debenture agree to the
appointment of a Special Discovery Master in the matters pending before the Court. However,
having consulted with Magten's Indenture Trustee and having reviewed our ex parte
communications with Mr. Bechtle in his role as Mediator, we respectfully suggest that it would
not be appropriate for Mr. Bechtle to also serve as the Special Discovery Master. In his role as
Mediator, the parties need the freedom to discuss with him the strengths and weaknesses of their
respective cases, matters that they might not be inclined to share with a Special Master. We,
therefore, request the assignment of a different Special Master for the purposes of discovery.
Because Mr. Bechtle has been involved primarily with the appellate issues relating to
fees, there will be no loss in efficiency for the proposed Special Discovery Master to become
acquainted with issues relating to the fraudulent conveyance that will be the focus of discovery.
Moreover, by not involving Mr. Bechtle in their discovery disputes, the parties can freely avail
themselves of his services to assist with settlement efforts, if necessary.
Chase Manhattan Centre 1201 Market Street Suite 800 Wilmington, DE 19801
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Case 1 :04-cv-01389-JJF Document 81 Filed 10/25/2005 Page 2 of 2
B|.ANK~ ROMELLP
COUNSELORS AT LAW
The Honorable Joseph J. Farnan, Jr.
October 25, 2005
Page 2
Counsel is available by telephone, should Your Honor have any questions.
Respectfully submitted,
Enh. ®v~Q~;.
Dale R. Dubé (I.D. #2863)
DRD:pb
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