Free Letter - District Court of Delaware - Delaware

Case 1 :05-cv-00072-JJF Document 63 Filed 05/31 /2006 Page 1 of 3
I P FIRM and AFFILIA TE OFFICES
NEW YORK
LONDON
LOS ANGELES
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CHRISTOPHER M. WINTER ,,H,,_ADmm,_
DIRECT DIAL: 302.657.49sr SAN DIEGO I
E—MAIL: [email protected] SAN FRANCISCO ”
BOSTON
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LAS VEGAS
ATLANTA
May 31, 2006 MIAMI
PITTSBURGH
NEWARK
ALLENTOWN
WILMINGTON
Honorable Joseph J. Farnan, Jr.
United States District Court LAKE mm
for the District of Delaware
J. Caleb Boggs Federal Building
844 N. King Street, Room 4124
Wilmington, DE 19801
Re: Royal Indemnity Co. v. Pepper Hamilton LLP, et al., C.A. No. 05-cv-165;
Stanziale v. lV[cGladrey & Pullen LLP, C.A. No. 05-cv-72
Dear Judge Farnan:
We represent McGladrey & Pullen, LLP, and Michael Aquino. With the agreement of its
counsel, we additionally write on behalf of defendant Freed Maxick & Battaglia CPAs
(collectively, the "Accountants"). We write in advance of the June 1 Court conference to discuss
the Discovery Coordination and Case Management Orders under consideration by the Court.
The Accountants substantially agree with the Discovery Coordination Order submitted to
the Court by Royal Indemnity with only one minor modification regarding the meet and confer
process that will occur prior to the scheduling of depositions. Enclosed is a slightly modified
version the Discovery Coordination Order, and a black-lined version for the Court’s
convenience.
The larger disagreement relates to the commencement of deposition discovery prior to the
V completion of document discovery and the Case Management Order. Royal and Pepper
l Hamilton wish to commence general deposition discovery on July 5, 2006. That is an unrealistic
date. Substantial document discovery remains open, including the production of hundred of
thousands of pages from the Trustee’s warehouse. We understand that these materials will not
p be produced until late June 2006, at the earliest. It would thus be extremely prejudicial to start
‘ general deposition discovery on July 5.
As a compromise, the Accountants propose starting deposition discovery in Wells Fargo
Bank NA. v. Royal Indemnity Co., No. 02-cv-1294, on July 5, 2006, with depositions in the other
actions starting October 16, 2006. This would permit Royal and the Wells Fargo litigants to
l commence depositions immediately, while allowing adequate time for document discovery to be
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1 1100 Noam MAru
Case 1:05-cv-00072-JJF

Document 63

Filed 05/31/2006

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Case 1:05-cv-00072-JJF

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Case 1:05-cv-00072-JJF

Document 63

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