Free Reply Brief - District Court of Delaware - Delaware

Case 1 :04-cv-01339-SLR Document 57-2 Filed 09/12/2005 Page 1 of 2 I
EXHIBIT 1
Moiuus, N IGHOLS, Ansrrrr & TUNNELL
1201 N our-: Mnxzr STREET
P.O. Box 1347
Wxunnoron, Dzutwnu 19899-1347
302 658 9200
302 658 3989 For
S. Mnnx Hum:
302 575 7354
302 498 6202 Fu
shurc1@m¤at.com
April 22, 2005.
BY HAND
David A. Felice, Esquire
Cozen O’Connor _
Chase Manhattan Center
1201 North Market Street, Suite 1400
Wilmington, Delaware 19801
Re: Shamrock Holdings 0fCalU0rnia, Inc. v. Arenson
C.A. No. 04-1339-SLR
Dear David:
Enclosed please fmd a copy of plaintiffs’ amended complaint in the above-
referenced action. As you will see, it joins all of the Class B Members of ALH as defendants.
We do not believe that the newly joined Class B Members (J 12ALH Associates, A. Arenson
Holdings, Ltd. and D.A. Gardens, Ltd.) are necessary or indispensable parties, but based on our
further analysis of the facts, we believe that there are grounds for personal jurisdiction over them
in Delaware. Please promptly advise us if you will accept service on behalf of the newly-joined
Class B Members. .
The pending Rule 19 motion filed by defendants SELK, LLC, and Laurel Equity
Group, LLC, is mooted by the amended complaint, and Mr. Arenson’s pending motion to
dismiss is directed to an obsolete and superseded complaint. We assume that, if Mr. Arenson
decides to move against the amended complaint, you will want to submit new opening papers on
his behalf that address, inter alia, his material participation in the management of ALH, LLC.
As we discussed this moming, we are amenable to entering into a schedule that
extends the 10 day period for Mr. Arenson, SELK and Laurel to respond to the amended
complaint and have enclosed a proposed stipulation which contemplates such an extension and
vacates the current schedule on the pending motions. If the form of stipulation is acceptable,
simply sign and retum it to us for filing with the Court.

Case 1 :04-cv—01339-SLR Document 57-2 Filed 09/12/2005 Page 2 of 2
David A. Felice, Esquire
April 22, 2005
Page 2
As the current schedule would require us to work this weekend on responding to
motions that are now moot, we need to know before the close of business today if your clients
agree that the current schedule should be vacated. Thank you in advance for your prompt
attention to this matter.
Very truly yours,
S. Mark Hurd
SMH/dmd
Enclosure