Free Reply to Response to Motion - District Court of Delaware - Delaware

Case 1:05-cv-00284-GI\/IS Document 9-5 Filed 06/07/2005 Page1 0f 3
EXHIBIT A

Case 1:05-cv-00284-Gl\/IS Document 9-5 Filed 06/07/2005 Page 2 of 3
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Writcr’s Direct Dial: 41/1.277.5341
1l—Mai|: [email protected]
“ May 26, 2005
VIA FACSIMILE AND MAII.
302-576-3290
Richard A. DiLibe1to, Jr.
Young Conaway Stargatt & Taylor, LLP
The [Brandywine Building
1000 West Street, 17th FL .
Wilmington DE 19801
RE: Echcvarria v. U—Ilaul International, Inc., etal.
Case No. 05-284 (GMS)
Dear Rick:
I am writing as a Ibllow—up to the voice mail that I left you on or about May 25, 2005.
Also, for some reason l have not yet heard back in response to the two additional phone
messages I have left. ‘
I In any event, I would like very much to speak with you about your recently tiled motion
to remand. Specifically, and as I stated in my voice mail message to you, I believe that there is
not proper grounds for you maintaining this motion. We did indeed obtain written consent from
Nationwide Insurance for the removal. Prior to tiling the removal papers, we were in contact
with the Cou1t’s clerk to determine whether we needed to append the written consent to our
removal papers and were told that we did not need to do so. As I further stated in my voice mail,
if you need the letter from Nationwide, we would be happy to provide it to you. Moreover, even _
ifyou had a factual foundation for the motion (which you do not), it is not supported by any
Third Circuit precedent.
In light of these circumstances, I am asking you to withdraw your motion. My client
should not have to incur thc cost of filing a response to this motion. Our response is due on June
8, 2005. We will hold off on the preparation ofour response papers in order to give you time to
consider these matters and withdraw the motion. We will wait until Wednesday, June 1, 2005 to
begin that process.
Ql`lMKE\5744631.1

Case 1:05-cv-00284-Gl\/IS Document 9-5 Filed 06/07/2005 Page 3 of 3
Richard A. I)il,ibcrto, Jr.
May 26, 2005
Page 2
Unfortunately, if you do not withdraw thc motion and wc are forced to respond, we may
also have no choice but to request our costs. I do not really want to make this request and am
therefore hopeful that we can cooperate through this and future issues. I look forward to hearing
Horn you favorably.
0 Sincerely yours,
i QUARLES & BRADY LLP
JW; 0% é/
Francis H. LoCoco
FHL:jlb
cc: Steven L. Caponi, Esq.
bc: Steven Taub, Esq.
bbc: Patrick W. Schmitlt
Monica 'fynan ·//
Lars Gulbrandsen "
-