Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00065-JJF Document 24 Filed O9/05/2007 Paget of 4
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September 5, 2007
VIA E—FIL]NG AND HAND DELIVERY
The Honorable Mary Pat Thynge
United States District Court
J. Caleb Boggs Federal Building _
844 N. King Street
Room 6100, Lockbox 8
Wilmington, DE 19801
RE: Chriss W Street v. End ofthe Road Trust, etal.
Case No. 07—cv~65 (***)
Dear Magistrate Judge Thynge:
I respectfully write to apprise Your Honor of developments related to the above—
captioned action that prompt the plaintiff Chriss W. Street, to inquire if the Court
requires any additional submissions before deciding his motion to remand the action to
the Chancery Court of Delaware, where it was commenced and where it would be
accorded expedited treatment.
By way of brief background, in January 2007, Mr. Street brought the action in
Chancery Court for advancement of fees and expenses to cover his litigation costs in an
action commenced against him by the Defendants in the Bankruptcy Court. Mr. Street
has contractual rights to payment of these costs under agreements with the Defendants.
In February 2007, the Defendants removed the action to the District Court. Mr. Street’s
remand motion followed and was fully briefed on June 10, 2007, including a surreply and
response to a surreply that Your Honor authorized.
Since June 10, 2007, activity has increased exponentially in the underlying case.
On July 23, 2007, the Bankruptcy Court entered a Scheduling Order that sets fairly
aggressive deadlines for various stages of discovery. A copy of the Scheduling Order is
attached hereto. The Scheduling Order sets a deadline for written discovery on
September 16, 2007 and the deadline for fact witness deposition discovery on November
16, 2007. As a result of this schedule, in July and August Mr. Street was required to
serve a significant number of discovery requests, including requests for production of
documents on the Plaintiffs (the Defendants before Your Honor), as well as nearly 30
third party subpoenas. He has been served with two rounds of discovery himself and has
668752-3

Case 1:07-cv-00065-JJF Document 24 Filed O9/05/2007 Page 2 of 4
T HE BAYARD FIRM
The Honorable Mary Pat Thynge
September 5, 2007
Page 2 of 2
been forced to prosecute and defend (successfully) motions related to the discovery.} His
legal fees and expenses are mounting.
Until Your Honor is in a position to decide the remand motion, Mr. Street’s
entitlement to advancement of these fees and expenses remains only right without remedy
and the costs continue to be incurred. Consequently, Mr. Street respectfully inquires
whether the Court requires any additional legal authority or argument to rendering a
decision. Counsel is available at the Court’s convenience.
Resgectfully submit§l,
Charlene D. Davis
CDD/tlw
Enclosures
cc: David L. Finger, Esquire (via email and U.S. Mail First Class)
Robert T. Kugler, Esquire (via email and U.S. Mail First Class)
#24162-3
1 Because of the motion practice and the Plaintiff s refusal to produce any documents prior to (1) an
order on their motion for a protective order or (2) an order on a confidentiality stipulation, Mr. Street will
be forced to move to extend existing deadlines.
668752-3

Case 1 :07-cv-00065-JJF Document 24 Filed O9/05/2007 Pa e 3 of 4
IN TILE UNITED STATES BANKRUPTCY COURT
FDR THE DISTRICT OF DELAWARE
In re: ) Chapter ll
3
FRUEHAUF TRAILER CORPORATION, ) Case Nos. 96-1563
Q QL. ) through 96-l 572 (PJW)
)
) Jointly Administered
Debtor. )
)
) .
—————————————~— §
DANIEL W. HARROW, AS SUCCESSOR )
TRUSTEE OF THE END OF THE ROAD }
TRUST, AND AMERICAN TRAILER )
INDUSTRIES, INC. ) Adversary Proceeding N0.: 07-50398-PJW
)
)
Plaintiffs, )
}
—a a`n.·t- .
t"· i _KE¤D0cketN0...L-:2-L.
CHRISS W. S'l`Rl·EE'l`, )
)
)
Defendant. )
)
SCHEDULING ORDER
Upon the request of parties for the entry of the Scheduling Order; and the Court having
considered the proposed scheduling orders submitted by each party; and the parties having
l served their initial disclosures pursuant to Rule 26(a) ofthe Federal Rules of Civil Procedure on
or before May I6, 2007; and the Court having conducted a hearing on July 9, 2007;
ITIS HEREBY ORDERED that:
I. fact l)iscoveg; — Written discovery shall be completed on or before September
I6, 2007. Dcpositions effect witnesses shall be completed on or before November I6, 2007.

Case 1:07-cv-00065-JJF Document 24 Filed O9/05/2007 Pa e 4 of 4
2. Expon Disclosure and Discovery - The parties shell designate and identity all
expert witnesses and the substance of their expected testimony and provide an expert report
pursuant to Rule 26(a)(2)(B) ofthe Federal Rules of Civil Procedure on or before December l7,
2007. '1`he parties shell designate and identify rebuttal experts and the substance of their
expected testimony end provide o rebuttal expert report on or before December 31, 2007. All
expert depositions shall be completed on or before January 26, 2008.
aj" Q : QW}.
3. Status Conference - A status conference will be held on February 4, 2008No set
fimlier deadlines.
4. Any deadline contained in this Scheduling Order may be extended by agreement
ofthe parties or bythe Court upon written motion and for good cause shown.
so otzoeiteo rmi} my 2007.
The Honorable Peg J. Walsh
Judge (ll`UTl'lI6d States Bankruptcy Court
i
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