Free Letter - District Court of Delaware - Delaware

Case 1:05-cv-00025-SLR Document 31 Filed O1/O4/2006 Page 1 of 1
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@ ._Al'ld€F5OIl Richard L. Horwitz
(iOi"I'()OIl LLP Pamm
Attomey at Law
1 313 North Market Street [email protected]
PO. Box 951 302 984-6027 Direct Phone
Wilmington. D15 19899-0951 302 658-1192 Fax
3 32 984-6000
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January 4, 2006
VIA ELECTRONIC FILING
AND HAND DELIVERY
Chief Judge Sue L. Robinson Magistrate Judge Mary Pat Thynge
U.S. District Court for the District of Delaware U.S. District Court for the District of Delaware
District of Delaware District of Delaware
844 North King Street 844 North King Street
Lock Box 31 Lock Box 8
Wilmington, DE 19801 Wilmington, DE 19801
Re: Biopay, LLC v. Solidus Networks, Inc.
d/b/a Pay By Touch, and Indivos Corporation, C. A. No. 05-25 (SLR)
Dear Chief Judge Robinson and Magistrate Judge Thynge:
I am writing as counsel for plaintiff and on behalf of the parties to advise the Court that
the parties have entered into a business agreement, which they hope will close in the next few
weeks, through which defendant Pay By Touch will acquire plaintiff and, as a result, the parties
will be in a position to file dismissal papers. We know that we have a mediation scheduled for
later this month, and therefore request that the mediation papers and mediation session be
postponed, and that the overall case schedule be held in abeyance, subject to review and
adjustment in the unlikely event that the contemplated transaction is not completed, and the
litigation has to go forward.
Counsel are available at the Court's convenience if there are any questions. Otherwise,
we will advise the Court as soon as the contemplated transaction is completed, or other events
suggest that an update to the Court would be appropriate.
Respectfully,
/s/ Richard L. Horwitz
Richard L. Horwitz
RLH:jam
cc: Clerk of the Court (via hand delivery)
M. Duncan Grant (via hand delivery)
W. Joseph Melnik (via email)
James G. Goggin (via email)
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