Free Letter - District Court of Delaware - Delaware

Case 1:08-cv-00258-JJF Document6 Filed 06/24/2008 Paget of2
~ IE © E ll V E
June 23, 2008
JUN 2 4 2008
VIA FEDERAL EXPRESS OVERNIGHT MAIL
The Honorable Joseph J. Farnan, Jr.
United States District Court for the District of Delaware
J. Caleb Boggs Federal U.S. Courthouse
844 King Street
Wilmington, DE 19801
In re VII Holdings Company;
United States District Court for the District of Delaware;
C.A. No 1:08-00258-JJF1
Dear Judge Farnan;
I am the named Appellant in my legal capcity as the sole Trustee of Zu Zu
Realty Trust, u/dlt dated October 31, 1996 and recorded with the Worcester County
(Southern District) Registry of Deeds on April 30, 1997 in Book 18790, Page 4,
("Appel|ant"), and to date, have appeared and prosecuted the above referenced
appeal pro se.
I am writing this letter to you directly in response to the letter addressed to you
of David M. Fournier, counsel of record for Appellees, Cambridge Properties, LLC and
Southbridge Savings Bank, ("AppelIees"), dated Friday, June 20, 2008, the original of
which was hand-delivered to the Clerk‘s office of the court that very same day. The
letter requests, inter-alia, that you immediately act and dismiss the above referenced
appeal, and grant Appellees a waiver of the mediation requirement imposed upon the
parties as previously ordered by Chief Judge Sue L. Robinson of this court, which has
previously been rescheduled for Thursday, June 26, 2008.
As the official court docket record ofthis case should indicate, on or about May
12, 2008, Appellees, again through counsel, filed a motion seeking (1) a waiver of the
mediation process, and (2) to dismiss AppeIIant's appeal for failure to timely comply
with Fed. R. Bankr. P. 8002 and 8006. In that motion, of which I request that you take
judicial notice, is the challenge by Appellees as to my legal capacity to prosecute this
appeal on behalf of the Appellant, and by necessary implication, my standing. E
Motion, Exhibit p. 2.
Today, June 23, 2008, l responded to various letters previously addressed to
the attention of the parties from the court appointed Mediator, Richard G. Elliott, Jr., of
the law firm of Richards, Layton & Finger, P.A., dated June 3'°·, 9"‘. and 18"T, 2008. ln
that letter, a copy of which I am enclosing herewith, I attempted to address all of the
material issues surrounding the mediation process as raised by Mr. Elliott as well as
‘ Formally, 1:08-00258-UNA.

Case 1:08-cv-00258-JJF Document 6 Filed 06/24/2008 Page 2 of 2
The Honorable Joseph J. Farnan, Jr.
United States District Court for the District of Delaware
In re VII Holdings Compnay;
United States District Court for the District of Delaware;
C.A. No. 1:08—00258—JJF
June 23, 2008
Page 2 of 2
Appellees, concluding with my request upon Mr. Elliott that he report the question of
my legal capcity and standing to appear on behalf of Appellant as raised by Appellees
to the Court.
As the letter details, given the question as to my legal capacity and standing, it
would be prejudicial to Appellant for this Court to grant AppeIIess’ request and
summarily dismiss [its] appeal without first preliminarily determining whether the
undersigned in fact does have legal capacity and standing2, and then if held to be in
the negative, permitting Appellant leave to secure legal counsel to address the alleged
jurisdictional defects raised by Appellees in their motion to dismiss (without waiving
AppeIIant’s right to argue, through counsel, that the undersigned can in fact appear
and prosecute Appellant’s appeal pro se, as well as representing Appellant throughout
the mediation process).
Given all of the foregoing, it is respectfully requested that this Court sua sponte
(1) preliminarily determine the legal capacity and standing of the undersigned to
appear and prosecute AppeI|ant’s appeal pro se; (2) stay this appeal pending such
determination; (3) stay the mediation process; (4) if it is determined that the
undersigned lacks such legal capacity andlor standing, grant Appellant thirty (30) days
leave to secure legal counsel, and (5) for such other and further relief as is just and
appropriate under the attendant circumstances.
Respectfully submitted,
cc: file
David |\/l. Fournier, Esq.
Richard G. Elliott, Jr., Esq.
2 As the letter reveals, Judge Shannon of the Bankruptcy Court below permitted the
undersigned as Trustee of Zu Zu Realty Trust to file the motion to re-open the Debt0r’s
bankruptcy case pro se, and also to subsequently appear and represent himself at the hearing
upon the motion as Trustee of Zu Zu Realty Trust pro se. E Letter, at p. 3.

Case 1:08-cv-00258-JJF

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Case 1:08-cv-00258-JJF

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