Free Letter - District Court of Delaware - Delaware

Case 1:06-cv-00507-JJF-l\/IPT Document 10 Filed 09/12/2006 Page 1 of 2
RICHARD R. WIER, JR., P.A.
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September 12, 2006
Via CM/ECF
The Honorable Kent A. Jordan
United States District Court
District of Delaware
844 King Street
Wilmington, Delaware 19801
Re: Stack Teck Systems, Inc. v. David Brown
C.A. No.: 06-507 KAJ
Dear Judge Jordan:
We represent the Defendant, David Brown, in the above captioned case. The Plaintiff is
represented by David J. Margules and out—of—state counsel, Robert W. Forman. A telephonic
scheduling conference is scheduled for September 14, 2006 at 4:30 pm. Both parties submit this
letter to the Court.
On August 22, 2006, Defendant iiled a Motion to Dismiss based upon forum non
conveniens. The Plaintiif is opposing the motion and tiling an answering brief today.
The parties have conferred regarding the scheduling order and have discussed a period of
seven months to conduct discovery. However, based upon the fact that Defendant’s motion is
pending, Defendant believes that the entry of a scheduling order, prior to the decision on
Defendanfs motion, is premature, and respectiiilly request the Court’s view on this since it will
impact on the dates in the proposed Scheduling Order. Plaintiff believes that discovery should go
forward and is willing to stipulate that such discovery may be used in other actions between the
parties if the Court grants Defendanfs Motion to Dismiss.

Case 1:06-cv-00507-JJF-l\/IPT Document 10 Filed 09/12/2006 Page 2 of 2
The Honorable Kent A. Jordan
September 12, 2006
Page 2
Respectfully submitted,
Daniel W. Scialpi (#4146)
cc: Robert W. Forman, Esq.
David J. Margules, Esq.
Clerk ofthe Court