Case 3:02-cv-01725-AWT Document 74 Filed 05/19/2006 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
IN RE: :
SCOTT CABLE COMMUNICATIONS, No. 3:02-CV-1725 (AWT)
Debtor. : Consolidated Bankruptcy Appeals
I (Bankruptcy Court Case No. 98-51923)
UNITED STATES OF AMERICA,
Appellant, :
v.
SCOTT CABLE COMMUNICATIONS, May 19, 2006
INC., STATE STREET BANK AND :
TRUST CO. as Indenture Trustee for :
certain note holders, and AKIN, GUMP, :
STRAUSS, HAUER & FELD, LLP, :
Appellees :
RESPONSE OF U.S. BANK NATIONAL ASSOCIATION, AS
INDENTURE TRUSTEE, TO UNITED STATES’ NOTICE DATED MAY 18, 2006
REGARDING DELAWARE DISTRICT COURT PROCEEDINGS
U.S. Bank National Association, as Indenture Trustee, (the "Trustee"), Appellee
in the above referenced appeal pending before this Court, hereby responds to the above-
referenced filing by the United States of America (hereinafter, the "Govemment") tiled
on May 19, 2006 (the "Notice") in order to clarify the status of certain matters pending
before the Delaware courts referenced in the Goverr1ment’s Notice.
As this Court is aware, the instant appeal pertains to matters in a bankruptcy case,
which bankruptcy case has, as the only substantive issue remaining, an eight-year old
adversary proceeding. Trial on the merits of that adversary proceeding is scheduled to
begin June 12, 2006 before the Hon. Kevin J. Carey in the United States Bankruptcy
Court for the District of Delaware (the "trial court"). Pretrial motions have been filed,
heard and decided by the trial court, witness lists have been exchanged by the parties,
Case 3:02-cv-01725-AWT Document 74 Filed 05/19/2006 Page 2 of 4
requests for further continuance have been denied by the trial court], and the matter is
proceeding to trial. On May 19, 2006, the trial court held a telephonic hearing regarding
certain evidentiary issues relating to limited pretrial depositions that had been granted by
the trial court and trial stipulations being negotiated between the parties in connection
with same. A follow up hearing on these evidentiary issues is scheduled for May 22,
2006. In short, the parties and the Court are engaged in eve-of-trial matters with the clear
expectation that trial will begin, as scheduled, in three (3) weeks.
Recent pretrial activity in Delaware has included the trial court’s denial of the
Governrnent’s motion seeking re-transfer of the adversary proceeding back to
Connecticut. On April 20, 2006, the United States filed a Request for Leave to Appeal
the Delaware Bankruptcy Court’s denial of this transfer motion (the "Reguest for Leave
to Appeal"). As the Government noted in its Notice, the Hon. Kent Jordan of the
Delaware District Court is currently scheduled to hear argmnent on the Governrnent’s
Request for Leave to Appeal on May 24, 2006 at 10:30 a.m. The status or outcome of the
pending Connecticut appeal proceeding is not relevant to the issue of whether appeal of
an interlocutory order denying transfer of venue should be permitted and, despite the
Government’s intimation to the contrary, Judge Jordan did not state, or in any way
suggest, anything to the contrary.
To remove any ambiguity, the matter currently before the Delaware District Court
is whether the United States should be granted leave to appeal an interlocutory order
I The trial court reluctantly granted a one-month continuance hom May 8, 2006, such that trial will now
commence on Jrme 12, 2006, but denied the Govemment’s request fer a further continuance.
2 C
Case 3:02-cv-01725-AWT Document 74 Filed 05/19/2006 Page 3 of 4
pertaining to venue, and not the appeal on the denial of venue transfer. This should have
no bearing on the matters pending before this Court.
Dated: May 19, 2006
at Hartford, Connecticut
U.S. BANK NATIONAL ASSOCIATION,
AS INDENTURE TRUSTEE,
By /s Kathleen M. LaManna
Kathleen M. LaManna (ct06740)
Marie C. Pollio (ct26644)
For Shipman & Goodwin LLP
One Constitution Plaza
Hartford, CT 06103
Its Attorneys
(860) 251-5000
436199 v.01 Sl
3 .
Case 3:02-cv-01725-AWT Document 74 Filed 05/19/2006 Page 4 of 4
CERTIFICATION OF SERVICE
This is to certify that on the 19th day of May, 2006 a copy of the foregoing
Response of U.S. Bank National Association, as Indenture Trustee, to United States’
Notice Dated April 18, 2006 Regarding Delaware District Court Proceedings was
electronically filed, which will result in automatic service via the Court’s ECF system,
and mailed, via regular first class mail, postage prepaid, to those not served via ECF:
Ann M. Nevins, Esq. Craig I. Lifland, Esq.
Assistant United States Attorney Zeisler & Zeisler
915 Lafayette Blvd. 558 Clinton Avenue
Room 309 Bridgeport, CT 06605
Bridgeport, CT 06604
Andrew Z. Schwartz, Esq.
Alan Shapiro, Esq. Eruipides Dalmanieras, Esq.
Peter Sklarew, Esq. Foley Hoag, LLP
United States Department of Justice 155 Seaport Boulevard
Tax Division Boston, Massachusetts 02210-2600
P.O. Box 55
Washington, DC 20044-0055 Guy S. Neal, Esq.
Theresa Chan, Esq.
Patricia Beary, Esq. Sidley Austin LLP
Carol F elicetta, Esq. 1501 K Street, N.W.
Assistant United States Trustee Washington, D.C. 20005
265 Church Street, Suite 1103
New Haven, CT 06501-7016
Daniel H. Golden, Esq.
Akin, Gump, Strauss, Hauer & Feld, LLP
590 Madison Avenue
New York, NY 10022
/s Kathleen M. LaManna
Kathleen M. LaManna