Free Letter - District Court of Delaware - Delaware

Case 1:07-cv—00178-G|\/IS Document 16 Filed 06/06/2007 Page 1 of 2
ASHBY 8. GEDDES
ATTORNEYS AND COUNSELLORS AT LAW TELEPHONE
302-654-IBBB
500 DELAWARE AVENUE
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P. O. BOX lI5O :02-c¤4-20c7
WILMINGTON, DELAWARE |9899
June 6, 2007
The Honorable Gregory M. Sleet VIA ELECTRONIC FILING
United States District Court
844 N. King Street
Wilmington, Delaware 19801
Re: Monto-Carlo Country Club, etal. v. ATP Tour, Inc., etal.,
D. Del., C.A. No. 07-198-GMS;
Deutscher Tennis Bund, etal. v. ATP Tour, Inc., etal.,
D. Del., C.A. No. 07-178-GMS
Dear Judge Sleet:
We represent defendants ATP Tour, Inc., Etienne de Villiers, and Charles M. Pasarell,
Jr. in the above actions. On May 23, 2007, the Court issued an Order scheduling a status and
scheduling teleconference in these matters for June 15, 2007 at 11:00 a.m.
Unfortunately, defendants’ lead attorney, Bradley I. Ruskin of Proskauer Rose LLP’s
New York office, already has hearings scheduled to take place that same day in California and
expects to be in court that entire day. Mr. Ruskin’s hearings on Junel5, 2007 are scheduled to
take place in the Superior Court of the State of California for the County of San Diego.
Mr. Ruskin is representing TMO CA/NV, LLC in Site Management Services, Inc., et al. v.
Cingular I/Wreless LLC, et al., Case No. GIC852215. Those hearings, both a trial readiness
conference and hearings on multiple motions and cross—motions for summary judgment and for
summary adjudication, are scheduled to begin at 12:00 p.m. EDT (9:00 a.m. PDT). As a
practical matter, it will thus be exceedingly difficult (if not impossible) for Mr. Ruskin to attend
the conference in this case since, in advance of those hearings, he needs to get to the courthouse
and proceed past security. These hearings have been scheduled by the Court for more than two
months and involve counsel for multiple parties, most of whom will be traveling to San Diego to
attend. (Until this past Friday, June 1, Mr. Ruskin thought there was a small chance that the
morning session might be adjourned, but it was then reaffirmed by the Court.) Mr. Ruskin’s
declaration is attached.
Therefore, we respectfully request that the Court reschedule the status and scheduling
conference. Plaintiffs have no opposition to defendants’ request. In an effort to help avoid any
further conflicts, we have also conferred with counsel for the other parties and have been advised
that all counsel could be available for a telephonic status and scheduling conference at the same
time (11:00 a.m. EDT) on the prior day, June 14 (or any other time that moming) should the

Case 1 :07-cv—00178-GIVIS Document 16 Filed 06/06/2007 Page 2 of 2
The Honorable Gregory M. Sleet
June 6, 2007
Page 2 of 2
Court consider that date convenient or appropriate. In addition, all counsel are available on
June l2 (at any time) and on June 22 (at ay time after 1:00 p.m. EDT) if either of those dates are
considered preferable to Your Honor. Finally, Your Honor, although not preferable to counsel
for defendants, one other alternative may be to move up the conference of June l5 to 10:00 a.m.
EDT/7:00 a.m. PDT, so long as it can conclude within one hour.
We greatly appreciate the Court’s consideration of this request, and we will make
ourselves available at the Court’s convenience in the event Your Honor wishes to discuss this
matter further.
Ph ner, Jr. (#2788) _
cc: Philip A. Rovener, Esquire (via ECF & e-mail)
C. Barr Flimi, Esquire (via ECF & e-mail)
Robert D. MacGill, Esquire (via e-mail)
Alan M. Unger, Esquire (via e-mail)
Bradley l. Ruskin, Esquire (via e-mail)
Daniel Gravelyn, Esquire (via e-mail)
l8l079.l

Case 1 :07—cv—00178-Gl\/IS Document 16-2 Filed 06/06/2007 Page 1 of 2
_ IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
.---------------------------------- X
DEUTSCHER TENNIS BUND (GERMAN :
TENNIS FEDERATION) and ROTHENBAUM : Civil Action No. 07-0178 (GMS)
SPORTS GMBH, :
Plaintiffs, 2
against
ATP TOUR, INC., JOHN DOE l, JOHN DOE 2,
JOHN DOE 3, JOHN DOE 4, JOHN DOE 5, :
JOHN DOE 6, JOHN DOE 7, JOHN DOE 8, 2
JOHN DOE 9, :
Defendants.
................................... X
-----...-......-................... X
MONTE—CARLO COUNTRY CLUB and 2
SOCIETE MONEGASQUE POUR : Civil Action No. 07-0198 (GMS)
L'EXPLO1TATION DU TOURNOI DE TENNIS, :
Plaintiffs,
against
ATP TOUR, H\IC., ETIENNE DE VILLIERS, and;
CHARLES PASARELL, :
Defendants.
----.·.-.-.--...................... X
DECLARATION OF BRADLEY I. RUSKIN
I, Bradley I. Ruskin, declare and state as follows:
1. I am a partner at Proskauer Rose LLP, counsel for defendants in the captioned matters,
and I submit this declaration in support of the defendants’ application for a continuance of the Rule
16 status and scheduling conference.

Case 1:07—cv—00178-Gl\/IS Document 16-2 Filed 06/06/2007 Page 2 of 2
2. I am over the age of eighteen, and I have personal knowledge of the matters and facts
contained in this Declaration and the accompanying correspondence to the Court of Philip Trainer,
Jr.
3. I solemnly declare and affirm under penalty of perjury that these matters and facts are
true and correct to the best of my knowledge, information and belief.
Executed this Qi day of June, 2007, at New York, New York.
Bradley I. Ruskin
1s1z9s.1