RICHARDS, LAYTON 6. F11~1
ONE RODNEY SQUARE
920 Nc>RT1-1 Kms STREET
R G_ E , __, _ VVILMINGTON, DELAWARE I98OI D""E°T DW- NUMBER
'°"’°“B.0007%;°“ R 000 65I·77OO ;j;ggL·;egO
WWW.RLF.COM
November 4, 2005 [\1\,W\
Ms. Monica Mosley E
Office ofthe Clerk
United States District Court for us. DISTRICT GOV?/ELE
the District of Delaware DISTRICT OF DEL"
Lock Box 18, 844 King Street
Wilmington, DE 19801
Re: In re: Infrastructure Service Company LLC
(Debtor), John F. Firestone, John Firestone
Master Limited Partnership, HMI Group Inc.
and HUB Management Inc. (Appellants) v.
Infrastructure Service Company LLC (Appellee),
C.A. No. 05-579 QMS
Dear Monica:
This is to advise the Court that mediation in the above-captioned matter is not
possible. I have met with the parties and engaged in follow-up correspondence and
communications in an effort to formulate an order which would result in a dismissal of the
appeal. Such an order is not possible because of long-standing animosity and distrust between
the parties. Complicating the matter is the fact that there is litigation pending in California
involving the same parties that makes resolution of this appeal extremely difficult.
Respectfiilly submitted,
C
Richard G. Elliott,
RGE:krr
cc: Michael D. DeBaecke, Esquire
Joseph A. Malfitano, Esquire
RLFI-2941624-l