Free Letter - District Court of Delaware - Delaware

Case 1 :05-cv-00072-JJF Document 148 Filed 04/18/2007 Page 1 of 2
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ATTORNEYS AND c0uNsE1.u.0Rs AT LAW az?-:;:3::8
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WILMINGTON. DELAWARE 19899
i April 18, 2007
VIA ELECTRONIC FHJING AND HAND DELIVERY
The Honorable Joseph J. Farnan, Jr.
United States District Court
844 N. King Street
Wilmington, Delaware 19801
Re: Charles A. Stanziale, Jr., Chapter 7 Trustee of Student Finance Corp. v.
McGladrey & Pullen LLP, et al., Civil Action No. 05-72-JJF
Royal v. Pegger Hamilton, et al., Civil Action No. 05-165-JJ F
Dear Judge Faman:
We are counsel for Royal Indemnity Company ("Royal") in the above—referenced matters
currently pending before Your Honor.
On February 7, 2007, in response to a request by Pepper Hamilton LLP, Your Honor
directed that communications between Royal and the Chapter 7 Trustee of Student Finance
Corporation (the "Trustee") be produced for the period from the date of the Trustee’s
appointment through the date of the settlement agreement between Royal and the Trustee in the
underlying Chapter 7 case of Student Finance Corporation. In response to your February 7, 2007
decision, Royal has produced to the defendants in the above—referenced cases, CDs containing
emails and other correspondence between counsel for Royal and counsel for the Trustee for the
period from September 23, 2003 (the date of the Trustee’s appointment) through October 10,
2004 (the last day prior to the conclusion of the settlement agreement between Royal and the
Trustee).
Although the settlement agreement between Royal and the Trustee was not formally
reached until October 11, 2004, counsel for Royal and for the Trustee were working
cooperatively prior to that date. In those cooperative efforts, they exchanged material which
clearly constitutes work product in anticipated reliance on their joint efforts being protected in
light of their common interest. As a result, Royal has withheld Hom its production a small
number of communications between Royal and the Trustee, which Royal respectiirlly submits
constitute shared work product. While they predate somewhat the formal settlement entered into
by Royal and the Trustee, Royal respectfully asserts that they should still be protected from
production in this context. Copies of those communications are enclosed for Your Honor’s in
camera review.

Case 1 :05-cv-OOO72-JJF Document 148 Filed 04/18/2007 Page 2 of 2
Honorable Joseph J. Farnan, Jr.
April 18, 2007
Page 2
By this letter, Royal respectfully requests that the Court consider clarifying or amending
its February 7, 2007 ruling on this issue to provide that work product shared by the Trustee and
Royal as contained within the enclosed communications should be protected.
lf the Court has any questions or would like additional information concerning the issue
we would be happy to address such matters at the COl1l'l§’S convenience.
Respectfully submitted,
/s/ T yjimy Geyer Lydon
Tiffany Geyer Lydon
Enclosures (only with hand delivery)
179774.1
cc: J olm Shaw, Esq. (Counsel for Wells Fargo Bank N.A.) (e-mail w/out encl.)
Andre G. Castaybert, Esq. (Counsel for Wells Fargo Bank N.A.) (e-mail w/out encl.)
Michael Waters, Esq. (Counsel for Trustee) (e-mail w/out encl.)
Donald Crecca, Esq. (Counsel for Trustee) (e-mail w/out encl.)
Charlene D. Davis, Esq. (Counsel for Trustee) (e-mail w/out encl.)
Veronica Rendon (Counsel for McGladrey & Pullen LLP and Michael Aquino)
(e-mail w/out encl.)
John H. Eickemeyer, Esq. (Cotmsel for Freed Maxick & Battaglia CPAs, PC and Freed
Maxick Sachs & Murphy, P.C.) (e-mail w/out encl.)
Stephen J. Shapiro, Esq. (Counsel for Pepper Hamilton LLP and W. Roderick Gagne)
(e-mail w/out encl.)
Elizabeth K. Ainslie, Esq. (Counsel for Pepper Hamilton LLP and W. Roderick Gagne)
(e-mail w/out encl.)
Neil G. Epstein, Esq. (Counsel for W. Roderick Gagne, Robert L. Bast, Pamela Bashore
Gagne and the Trusts) (e-mail w/out encl.)
Karen Lee Turner, Esq. (Counsel for W. Roderick Gagne, Robert L. Bast, Pamela
Bashore Gagne and the Trusts) (e-mail w/out encl.)
Michael R. Lastowski, Esq. (Counsel for McGladrey & Pullen LLP and Michael Aquino)
(e-mail w/out encl.)
William H. Sudell, Jr., Esq. (Counsel for Pepper Hamilton LLP and W. Roderick Gagne)
(e-mail w/out encl. )
David E. Wilks, Esq. (Counsel for Freed Maxick & Battaglia CPAs, PC and Freed
Maxick Sachs & Murphy, P.C.) (e-mail w/out encl. )
Thomas Selby, Esq. (Counsel for McGladrey & Pullen LLP) (e-mail w/out encl.)