Free Letter - District Court of Delaware - Delaware

Case 1 :05-cv-00762-SLR Document 89 Filed O1/26/2007 Page 1 of 2
Fenner Hamilton LLP
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January 26, 2007
Via CM / ECF
Honorable Sue L. Robinson
United States District Court
844 King Street
Wilmington, DE t980l
Re; Connecticut Bank of Commerce v. Republic of Congo,
Defendant, CMS Nonieco Congo, inc., Garnishee
Civii Action No. 05-7762 SLR
Dear Judge Robinson:
On behalf of garnishc CMS Nonieco Congo, inc., 1 am e.nc.tosin.g a form of
briefing order for the threshold tegal issues to be addressed by the parties, consistent with the
partiesf agreements andthe Court’s rulings at the conference held on Thursday last week,
January l8, 2007. We have reviewed the transcript of the hearing and have conformed the
description of the issues to be briefed with the language that was agreed upon by the parties at
the January `8 hearing and that was then dictated into the record.
Unfortunately, we have been unabie to reach agreement with Af—Cap on the torn}.
ot" the briefing order, Af—Cap has insisted on revising the language of the issues to he briefed,
such that the phrasing woutd be different from that upon which the parties presented to the Court
at the January 18 hearing ader having reached agreement during the break in the hearing. At?
Cap has atso taken the position that additional issues should be included in the briefing, even
though the Court ruled at the hearing that the briefing would be limited to the two issues (and
retated sub~issues) that were expressly identified at the hearing. Accordingty, CMS Nomeco is
submitting the enclosed Order for the Court’s consideration.
Respecttiutly,
/s/ M. Duncan Grant
M. Duncan Grant (Del. Bar No. 2994)
idiiladeiphia Boston Washingrcn, D.C. Detroit New York Pittsburgh
Prerwyn Harrislnirg Orange County Prirtcetou Wiimington
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Case 1:05-cv-00762-SLR Document 89 Filed O1/26/2007 Page 2 of 2

Honorable Sue L. Robinson
Szmuary 26, 2007
Page 2.
Enclosufe
cc: Dennis Meloro, Esq. {wlenc.) — Via CM / EC}?