Free Letter - District Court of Delaware - Delaware

Case 1 :07-cv-00065-JJF Document 19 Filed 05/08/2007 Page 1 of 2
PBIIDBT llillllllillll LLP
Attomeys at Law
Hercules Plaza, Suite 5100
1313 Market Street
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May 8, 2007
The Honorable Mary Pat Thynge
United States District Court
For the District of Delaware
844 N. King Street
Room 6100, Lockbox 8
Wilmington, DE 19801
Re: Chriss W. Street v. End of the Road Trust
and American Trailer Industries, Inc., Case No. 07-65
Dear Judge Thynge:
I am writing to seek the Court’s assistance in the referenced matter. This matter
was originally filed in the Court of Chancery in January of 2007 as a petition for advancement of
fees and expenses to which my client has a contractual right under agreements with the
Defendants. On February 2, 2007 Defendants removed this matter to the United States District
Court for the District of Delaware. (Dkt #1). Because Plaintiff believes that the removal was
improper, Plaintiff moved to have the case remanded on February 14, 2007. (Dkt. #5). Briefing
was completed on March 7, 2007 (Dkt #10), but Defendants thereafter moved for leave to file a
sur-reply (Dkt # 11)which motion was granted by this Court on March 12, 2007 (Dkt #13).
Thereafter, Plaintiff filed a motion for leave to file a response to Defendants’ sur-reply on March
19, 2007 (Dkt # 16). A notice of completion of briefing was filed on April 3, 2007 (Dkt # 18).
Both that motion and the motion for remand remain undecided.
Petitions for advancement are given expedited, summary treatment under
Delaware law. Homestore, Inc. v. Taken, 888 A.2d 204, 213 (Del. Supr. 2005). Expedited
treatment is given to advancement proceedings because “Advancement provides corporate
officials with immediate interim relief from the personal out—of pocket financial burden of
paying the significant ongoing expenses inevitably involved with investigations and legal
proceedings .... " Id at 211. My Client filed this action to gain the relief referenced by the
Supreme Court of Delaware in Taken. In the absence of that relief, my Client has been forced to
take out a second mortgage on his house to pay his legal expenses. That money is now depleted
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Case 1:07-cv-00065-JJF Document 19 Filed 05/08/2007 Page 2 of 2
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The Honorable Mary Pat Thynge
Page 2
May 8, 2007
and he has sold his house to obtain the funds necessary to pay for his defense — funds to which he
has a contractual right which is being denied him by the legal maneuvering of Defendants.
I write in the hope that this Court can help break the legal log jam that is currently
causing irreparable harm to my Client.
Counsel are available for consultation if the Court has any questions.
Respectfully,
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Edmond D. \Johnson
EDJ/kw
cc: Clerk of the Court
David L. Finger, Esquire
Robert T. Kugler, Esquire
Ashley B. Stitzer, Esquire
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