Free Letter - District Court of Delaware - Delaware

Case 1 :05-cv-00499-JJF Document 313 Filed O1/17/2008 Page 1 of 3
EDWARDS ANGELL PAL1v112RstD0DG12 rrr I
919 North Marker Srreer Wfiimingron, DE 19801 302.777]*770 ]f2.r502.T’77.7263 eapcllawcorn
DENISE SEASTONE KRAFT
2024251106
fa sss.s2s.sm
dkrat`t@eapd1aw,com
January 17, 2008
BY E-FILING
The Honorable Joseph J. Farnan, Jr.
U.S. District Court for the
District of Delaware
844 North King Street
Lock Box 27
Wilmington, DE 19801
RE: Magten Asset Management Corp. and Law Debenture Trust Company
v. North}/Vestern Corp., C.A. No. 04—1494—JJF and
Magten Asset Management Corp., et al. v. Mike .1 Hanson and Ernie .1 Kindt,
C.A. No. 05-499-JJF
Dear Judge Farnan:
I write on behalf of defendants Michael J. Hanson and Ernie J. Kindt in response
to the plaintiffs ietter of the same date regarding two separate motions in Zimine to strike the
expert reports and preclude the testimony of Mag1;en’s witnesses, Paul A. Marcus and Robert W.
Berliner. The motions were tiled on January 10, 2008 so that they would be briefed and ready
for Court discussion as the Court might deem appropriate at the Joint Pretrial Conference
scheduled for February 7, 2008. Magten’s response to both motions in limine is due January 25
under the local briefing rules and the replies are due February 1.
There is nothing in the Scheduling Order or local rules indicating that motions in
limine should be filed with leave of Court as stated by Magten in its letter. Hanson and Kindt
merely seek to place the Daubert issues before the Court so that it may be aware of the particular
issues and address them in the normal course of the Joint Pretrial Conference. Accordingly, we
do not perceive the motions in limine to be “prematurely-tiled rnotions” as referred to by l\/Iagten
but rather timely motions to inform the Court of important issues pending between the parties
that may affect the case posture.
The Scheduling Order is unclear as to whether or not trial will be going forward
against Messrs. Hanson and Kindt on March 3, 2008 and this is a point upon which counsel for
Messrs. Hanson and Kindt intend to seek clarification at the Joint Pretrial Conference on
February 7, 2008. Accordingly, the filing of motions in limine in a case in which Plaintiff has
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BOSTON ilri`, iJ\UDERD.—\l.E I HARTFORD E NEWYORK I PROVIDENCE I SHORT HILLS E STANFORD I WEST PALM BEACH I Wl LMINGTON I LONDON

Case 1 :05-cv-00499-JJF Document 313 Filed O1/17/2008 Page 2 of 3
l
Eownnos ANGELL PALM12nslDODGE up
The Honorable Joseph J. Farnan, Jr.
January t7, 2008
Page 2
demanded a jury trial that may be going forward in six weeks is not premature. Rather, it is a
proper timely placement of issues before the Court.
i
Counsel for Messrs. Hanson and Kindt fully complied with Local Rule 7.l.l in
that counsel discussed the potential filing of a motion in limine with counsel for Magten at the
New York depositions of one of the experts on January l0, 2008. At that time, counsel for I
Magten indicated that the Daubert Motions could be filed (although they opposed the substance p
of the motion seeking to strike their experts) and then further discussions should be held on the
schedule for filing any additional motions in limine. At no time during that discussion did
counsel for Magten object to the tiling of the Daubert Motions as premature.
Magten indicates in its letter that it intends to “raise several motions." It is the
defendants position that any motions Magten intends to raise should be raised prior to the Joint
Pretrial Conference so that counsel for Messrs. Hanson and Kindt and the Court are informed of
the issues and may respond without further delay. Accordingly, we request that the Court: (l)
deny Magten’s request for the stay; (2) direct Magten to respond timely to the Daubert Motions
by January 25; and (3) direct Magten to immediately file any motions it intends to raise so that [
there is no undue surprise at the Joint Pretrial Conference on February 7, 2008. ‘
Respectfully submitted, i
/s/” Denise Seastone Kraf
Denise Seastone Kraft (#2778)
DSK/dal
cc: Clerk of Court (By Hand)
Myles Bartley, Esquire
Kimberly A. Beatty, Esquire
John W. Brewer, Esquire
Victoria W. Counjhan, Esquire
Amanda Darwin, Esquire
Nancy E. Delaney, Esquire
Miriam K. Harwood, Esquire
Stanley T. Kaleczyc, Esquire
Gary L. Kaplan, Esquire
Dale R. Duhé , Esquire
Dennis A. Meloro, Esquire
Kathleen M. Miller, Esquire
Jordanrla L. Nadritch, Esquire
Joseph D. Pizzurro, Esquire
Steven J. Reisman, Esquire
ww $12275.1

Case 1 :05-ov-00499-JJF Document 313 Filed O1/17/2008 Page 3 of 3
EDWARDS ANGELL PALMER&DODGE up
The Honorabie Joseph J. Famam, Jr.
January 17, 2008
Page 3
Peter B. Siroka, Esquire
John V. Snellings, Esquire
Bomuie Steingart, Esquire
John E. James, Esquire
(All via e-mail)

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