Free Letter - District Court of Delaware - Delaware

Case 1 :06-cv-00224-JJF Document 23 Filed 07/07/2006 Page 1 of 3
Chimicles 01 Tikelhs LLP ‘
ATTORNEYS AT L AW
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July 7s E-mail: [email protected]
Nicholas E. Chimicles
Pamela S. Tikellis "’
James R. Malone, Jr. E-Filing and Hand Dellveljy
Michael D Gottsch
E`°bmJ` KImr’Jr` ik Honorable Joseph J. Farnan, Jr.
teven A. Schwartz _ _
M_ K,,h,,,,,,, M,,,,,,,,,,, J. Caleb Boggs Federal Building
Candice LH. Hegedus 844 N. King SHEET
Joseph G. Sauder ROO1n
Kimberly M. Donaldson
Daniel ns .O.. L¤_¤1<27
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Robert R. Davis "‘
%9mb;*”1YNMMLl;ma“ RE: Hyland v. J.P. Morgan Securities, Inc.,
";°“_,fY, · NWS civu Case N0. 1:06-cv-00224-JJF
. ac iary Naylor '
A . Timothy P Briggs
" Daniel J. Brown * Dear Judge Farnan:
Benjamin E johns
OF COUNSEL We write on behalf Dr. Stephen Blau, the Court~appointed Lead
Morris M. Shuster
Denise Davis Schwartzinan Plaintiff in Blau v. Hczrrison, et czl., 04 C 6592, currently pending before
Anthony Allen Geyelin
Judge William J. Hibbler in the Northern District of Illinois, who is a
°|°AffOl'I1C)'5 adnzittcd to
practice in Dc/cuvcxrc _ _ _ _ _ _ _
movant in the above—capt1oned action. We write in connection with
plaintiff Samuel l. Hyland’s motion to modify the PSLRA’s stay of
discovery tiled with the Court on June 22, 2006. (DI. 18, 19). We
believe the motion is premature and should require no response at this
time.
On April 18, 2006, Dr. Blau tiled a motion to consolidate this
action with a related action captioned Hylcmd v. Hczrrisorz, et al., Civil
Case No. 1:05-cv—00162-JJF (the "05-162 Action"), for the purpose of
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Case 1 :06—cv-%0)2l2)4égiJ€FJOS€|i’)i?cju}rr;le1pgL1 Filed 07/07/2006 Page 2 of 3
July 7, 2006
Page 2 of 3
enforcing this Court’s order staying the 05-I62 Actionl pending the
outcome of Dr. Blau’s earlier-filed action in the Illinois District Court.
(D.I. 7). Dr. Blau’s motion to consolidate is subjudice.
The Court’s ruling on Dr. Blau’s motion to consolidate may moot
Mr. Hyland’s motion. If this action is stayed, the Court will not need to
consider Mr. Hyland’s motion until after the stay is lifted if at all. Mr.
Hyland’s motion may also be mooted by another motion Mr. Hyland
himself filed with the Judicial Panel on l\/Iulti—District Litigation (the
"Panel"). In that motion, Mr. Hyland seeks to consolidate this action with
the stayed 05—l62 Action as well as with Dr. Blau’s Illinois action (which
is currently in discovery) for coordinated pre-trial proceedings in this
District. (D.I. 4). The motion has been fully briefed and oral argument
has been scheduled before the Panel on July 27, 2006. (05-162 Action,
D.I. ll3). A decision by the Panel could obviate consideration of Mr.
Hyland’s current motion. Indeed, on April 24, 2006, this Court granted
defendant’s motion to extend the time to answer or move with respect to
Mr. Hyland’s complaint until 30 days after the Panel rules on Mr.
Hyland’s motion for coordinated proceedings. (Minute entry so ordering
D.I. 6).
‘ The 05-162 Action is now administratively closed. (05-162 Action, D.I. 93).

Case 1:06-cv-00224-JJF Document 23 Filed 07/07/2006 Page 3 of 3
Honorable Joseph J. Farnan, Jr.
July 7, 2006
Page 3 of 3
For these and other reasons, both defendant and Dr. Blau took the
position that Mr. Hyland’s June 12, 2006 motion for appointment as lead
plaintiff and appointment of Joseph Gielata as lead counsel was
premature, and reserved the right to respond to that motion at the
appropriate time. (D.I. 15, 17). The question of whether the PSLRA stay
should be lifted in this case is even more remote than the appointment of
lead plaintiff and lead counsel, if that ever becomes necessary.
1 Thus, Dr. Blau respectfully reserves all rights with respect to Mr.
Hyland’s current motion. lf the Court determines that a formal response is
required at this time, Dr. Blau stands ready to respond on any schedule the
Court deems appropriate.
Res eetfully_
("-_-ff
P ela S. Tikellis (#2172)
cc: Clerk of Court (by e—tiling)
Joseph N. Gielata, Esquire (by e-filing)
Michael Ray Robinson, Esquire (by e-filing)