Free Letter - District Court of Delaware - Delaware

Case 1 :95-cv-00410-SLR Document 95 Filed 12/19/2006 Page 1 of 2
ORANS, ELSEN St LUPERT LLP
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SHELDON H. ELSEN 875 THIRD AVENUE
LESUE "‘ LUPERT New YORK. N.Y. n0c>22
ROBERT L. PLOTZ __
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SARAH P. KARWAN FAX: {2121765-3662
ASHLEY U. MENENDEZ wWw_O9{[aWvCOm
CHRISTINA L. BRANDT-YOUNG E_MaiI: O&|@OB|laW·cOm
NICHOLAS G. ARON5
December 19, 2006
The Honorable Sue L. Robinson
Chief Judge
U.S. District Court
844 North King Street, Room 4209
Lock Box 18
Wilmington, DE 19801
Re: Admart AG, et al. v. Stephen and Mary Birch Foundation, Inc.
C.A. No. 95-410-SLR
Dear Chiefjudge Robinson:
We represent plaintiffs Admart AG, Heller Werkstatt Gesmbh, Andre Heller and Stefan
Seigner (hereinafter “plaintiffs") and 1 am admitted pro imc vice in this case. We write pursuant
to the opinion ofthe Court of Appeals for the Third Circuit affirming this Court’s Order ofjune
8, 2004 that was mandated on October 20, 2006, a certified copy of which is attached.
The decision ofthe Court of Appeals provides that:
1. The Stephen and Mary Birch Foundation is required to pay plaintiffs
$3,841 ,045.19, plus the interest that sum has earned between May 31, 2004 and
the date the money is paid to plaintiffs. In addition, Birch will pay storage
charges from May 31, 2004 to the date of transfer.
2. The parties shall simultaneously exchange in Vienna [on a date to be set by the
District Court] the payment described in paragraph 1 and the property constituting
Luna Luna, including the artwork and the documentation consisting of the artists’
declarations and the technical documentation ("passports").
3. The Stephen and Mary Birch Foundation is required to pay $1 million to the
plaintiffs which shall be set off against any award by the arbitration panel
constituted in 2004. Interest on the net amount shall be payable as per the
formulation used in the Court’s Order of October 6, 2004. The total sum
described in this paragraph 3 shall be due within thirty days of the date of the
arbitrators’ award. In the interim, the Stephen and Mary Birch Foundation shall
continue to ensure that Thierry Ador maintains the interest bearing accounts
described in his affidavit of April 29, 2004.

Case 1:95-cv—00410—SLR Document 95 Filed 12/19/2006 Page 2 of 2
ORANS, ELSEN Sr LUPERT LLP
The Honorable Sue L. Robinson
December 19, 2006
Page 2
Pursuant to that Order, we request that this Court order The Stephen and Mary Birch
Foundation ("Birch") to pay plaintiffs the sum of $4,536,222.33 in immediately available funds
that cannot be interfered with in any way on January 16, 2007 in Vienna.
We further request that the Court order that simultaneously with this payment being made
on January 16, 2007 in Vienna, plaintiffs shall transfer to Birch the property constituting Luna
Luna, including the artwork and the doctunentation consisting of the artists’ declarations and the
technical documentation (“passports").
Pursuant to paragraph 1 of the Opinion of the Court of Appeals, the sum of
$4,536,222.33 is calculated by adding $3,841 ,045.19 with $656,66088, the interest on that sum
from May 31, 2004 to January 16, 2007 at 6.5%, and $38,516.26, the storage costs to plaintiffs
from May 31, 2004 through December 31, 2006 at $1,242.46 per month.
Finally, we advise the Court that the arbitration discussed in paragraph 3 of the Opinion
from the Court of Appeals is still ongoing and request that the Court repeat paragraph 3 above in
its Order and further order that this action shall remain open until such time as that arbitration
has ended and paragraph 3 above can be complied with.
Enclosed please find a Draft Order memorializing these points for your consideration.
Thank you for your time and consideration of this matter.
Respectfully Submitted,
gpewf/grgnq
Thomas A. Brown
cc Alice A. Seebach, Esq. (with enclosure)
Norman Monhait, Esq. (with enclosure)
Richard Morse, Esq. (with enclosure)