Free Letter - District Court of Delaware - Delaware

Case 1 :96-cv-00525-JJF Document 202 Filed 07/28/2005 Page 1 of 2
ROSENTHAL, MONHAIT, GROSS B GODDESS, P. A.
ATTORNEYS AT LAW
SUITE ram, 919 MARKET STREET
E. o. Eox 1070 TELEPHONE caozr ess-4433
JOSEPH A- ROSENTHAL WILMINGTON, DELAWARE 19899-1070 FACSIMILE (soap eee-7567
NORMAN M- MONHMT E-Marr. [email protected]
KEVIN cnoss
JEFFREY s. GODDES5
<;ArmEr.r.A F. 1. July 2 g 2005
EDWARD rr. nosEr~rrr—rA1. ’
JESSICA ZELDIN
The Honorable Joseph J. Farnan, Jr.
United States District Court
844 North King Street
Lock Box 27
Wilmington, DE 19801
Re: Levine v. Metal Recovery Technologies, et al
Civil Action No. 96-525 JJF
Dear Judge Farnan:
I write on behalf of plaintiff s counsel in response to the Court’s letter dated July 14, 2005.
Concurrently, we are tiling with the Court Plaintiff s Motion for Preliminary Approval of Settlement,
Dismissal of Certain Claims, Approval of Notice to Class, and Scheduling of Final Hearing, which
addresses the status and proposed conclusion of this long pending matter at greater length.
Subsequent to the Court’s February 8, 2005 Order, Plaintiff s counsel have further attempted
without success to take the depositions of defendants Barron Chase and Gary Salter. We then
investigated the status of those defendants to determine whether it makes sense to continue
proceedings against them. In addition, we have continued to monitor the on-going bankruptcy
proceedings of Metal Recovery Technologies, Inc.
As a result of those efforts, we have concluded that the appropriate course is to conclude this
matter, given the facts that Barron Chase has ceased business and that Mr. Salter is out ofthe country
and very likely judgment proof Although we will continue to attempt to protect the Class’ interests

Case 1 :96-cv-00525-JJF Document 202 Filed 07/28/2005 Page 2 of 2
The Honorable Joseph J. Farnan, Jr.
July 28, 2005
Page 2
in the context of MRTI’s bankruptcy, we believe that the Court’s on—going j urisdiction over the prior
settlement with that defendant will allow us to seek any appropriate approvals that we may later need
from this Court with respect to that matter. Accordingly, we are tiling the above referenced motion
to bring this case to an end.
If the Court finds this process acceptable, I suggest a hearing in early December to permit
adequate time for notice. Ii` the Court will advise me of available dates, I will be glad to
communicate with other counsel regarding their schedules.
We would be happy to answer any questions the Court may have with respect to this matter.
Respectf y,
Norman M. Monhait
(DSBA No. 1040)
NMM/mcm
cc: Joanne P. Pinckney, Esquire
David B. Zlotnick, Esquire
Donald B. Lewis, Esquire
Clerk, U.S. District Court