Free Letter - District Court of Delaware - Delaware


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Date: June 23, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1:08-cv-00258-JJF Document 5 Filed 06/20/2008 Page 1 of 1
Pepper Hamitltnn LLP
ttorneys at [Aw
Hercules Plaza, Suite 5100
1313 Market Street
P_O_ BOX 1709 { _ d 302.7l77.6565
Wilmington, DE 19899-1709 °“““°r @pcpp""w‘°°m
302.777.6500
Fax $02421.8390 June 20» 2008
VIA HAND DELIVERY
Honorable Joseph J. Faman, Jr.
United States District Court
U.S. Courthouse
844 King Street
Wilmington, DE 19801
Re: In re VII Holdings Company
Bankruptcy Appeal
D. Del. C.A. No. 08-258 QJJFQ
Dear Judge Faman:
On May 12, 2008, we filed and served the attached Motion of Cambridge
Properties, LLC and Southbridge Savings Bank (I) For Waiver of Mediation Requirements, and
(II) To Dismiss Appeal of Order Denying Motion to Reopen Chapter 7 Bankruptcy Case (the
"Motion"). The basis for the Motion is that the appeal was not timely filed. The deadline for the
appellant to respond to the Motion has passed, and no response has been filed.
The mediator has scheduled a mediation for June 26, 2008. Given the pendency
of and basis for the Motion to dismiss this appeal and for waiver of the mediation requirement,
we believe that mediation is not appropriate in this instance. Accordingly, we would respectfully
submit the Motion for the Court’s consideration. If the Court would like us to submit a separate
proposed order waiving the mediation requirement, we would of course be pleased to do so.
Should the Court desire oral argument on the Motion, we are available at Your Honor’s
convenience.
Respectfully submitted,
fl "`\\` N ., ............
I JQ It M Z
Da ` M. ournier
cc: Ara Eresian, Jr., Appellant
Richard G. Elliott, Jr., Mediator
Philadelphia Boston Washington, D.C. Detroit New York Pittsburgh
Berwyn Harrisburg Orange County Princeton Wilmington
#9749097 vl www.pepperlaw.com

Case 1:08-cv-00258-JJF

Document 5

Filed 06/20/2008

Page 1 of 1