Free Status Report - District Court of Delaware - Delaware

Case 1:O6—cv—OO639-JJF Document 5 Filed O3/O9/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MONTGOMERY WARD, LLC )
:
Appellant, ) I
v. )
> i
OTC INTERNATIONAL, LTD. )
) l
Appellee. ) C.A. NO. 06-639 (UNA)
MEDIATOR'S CERTIFICATE OF COMPLETION (
l
In accordance with the Standing Order of the Court dated July 23, 2004 (the "Standing
Order"), the undersigned mediator reports that the mediation was officially completed
` on March 8, 2007 (the "Completion Date") and resolved in the following manner: t
(a) The following individuals were present at the initial mediation session conducted
on January I7, 2007 (the "Initial Mediation Session") :41
(l) Parties (name and capacity) -
John L. Palmer, Plan Administrator for Montgomery Ward, LLC
Lee A. Rothlein, Chief Financial Officer of OTC International, Ltd.
(2) Counsel (name, "iinn and party representing) —
· Joseph Steinfeld
A·S·K Financial LLP ·
2600 Eagan Woods Drive, Suite 220
Eagan,MN 55l2l `
_ —And—
Eric J. Haber
Cooley Godward Cronish LLP I
lll4 Avenue of the Americas
New York, NY 10036
Counsel for Plan Administrator for Montgomery Ward, LLC
1 The Initial Mediation Session was adj oumed and continued via telephone at various times up
< and through the Completion Date. 1
DB02:5836007.l 0657311001

Case 1 :06-cv-00639-JJF Document 5 Filed O3/O9/2007 Page 2 of 2 .
t Mitchell Kaplan i
. Silverberg Stonehill Goldsmith & Haber, P.C. °
p · III West 40m Street
New York, New York 10018 ,
I Counsel for OTC International, Ltd.2
(b) The following parties failed to appear and/or participate as ordered: y
Not Applicable. y
(c) The outcome of the mediation conference was:
X The matter has been completely resolved and counsel have been instructed to
tile an appropriate stipulation and proposed order dismissing the appeal, with 1
prejudice, within 30 days in accordance with the Standing Order. —
The matter has been partially resolved and counsel (or parties) have been
instructed to file an appropriate stipulation and proposed order regarding
those claims or issues which have been resolved within thirty (30) days in
_ accordance with the Standing Order
i The following issues remain for this court to resolve:
The matter has not been resolved and should proceed to trial.
1 t OTHER:
Dated: March 9, 2007
I gnature of Mediator 1
Joseph A. Malfitano (No. 4020) 4
Young Conaway Stargatt & Taylor, LLP
The Brandywine Building
I 1000 West Street, 17th Floor
P.O. Box 391
Wihnington, Delaware l9899—039l V
Telephone: (302) 571-6600
Facsimile: (302) 571-1253
cc: Counsel of Record ( _
2 After the Initial Mediation Session, but before a settlement could be reached, Mr. Kaplan left
Silverberg Stonehill Goldsmith & Haber, P.C. Michael Goldsmith from Silverberg Stonehill
Goldsmith & Haber, P.C. continued to represent OTC International, Ltd. through the
Completion Date.
W
us02:ss36007.1 _ 0657311001