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BIFFERATO GENTILOTTI
BIDENQ EAEICK
yg _ if April 27, 2006 ~ -
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Direct Dial: $02.2515380
ELECTRONICALLY
The Honorable Kent A. Jordan
United States District Court for the District of Delaware
844 N. King Street
Wilmington, Delaware 19801
Re: St. Paul MEFCLIIQJ Insurance Company and Pack and Process,
Inc. v. Maly Yan
Civil Action N0. 05-0022 (KAJ)
Dear Judge Jordan:
Enclosed please find correspondence from our co-counsel, Henri Marcel,
Esq., ofthe Deasey, Mahoney & Bender, Ltd. law firm. Along with Mr. Marcel,
who has previously been admitted pro hoc vice in this case, our firm represents
plaintiffs St. Paul Mercury Insurance Company and Pack and Process, Inc. with
regard to the above-listed action. Mr. Marcel’s letter relates to the Scheduling
Order in place in this matter and the Court’s request that the parties submit an
interim status report as of this date. We are available at the Court’s convenience.
R spectfully,
dr ’ is
Joseph K. Koury (#42
xc: Yvonne Tal
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CRAIG M. STRAW Ol' COUNSEL: I
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CIIRISTOPIIIJR T. HUBER JAMES G. BARNES
PATRICIA E. McI£N'l`I€ER l98E~ l‘)‘}7 {
MICHAEL J. IIlNKLEt T ALSO MEMBER NJ BAR E
TROY D.SISUM1` 1 ALSO MEMBER CA BAR `
JENNIFER B. HUN'l`l'iRf ’ 0 ALSO MEMBER NY LIAR .
C|IRlS'I`OI’HIER G. MAVROST Q
AMY V. Mc'l`lGHET
ZACHARY B. COOPIEKT ¢
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The Honorable Kent A. Jordan
U.S. District Court for the District of Delaware
J. Caleb Boggs Federal Building J
844 N. King Street
Room 6325
Lockbox 10
Wilmington, DE 19801 ¥
RE: St. Paul Mercury Insurance C0. et. al. v. Maly Yan
Civil Action No. 05-0022 i
Dear Judge Jordan: i
Pursuant to Your Honor’s Scheduling Order, St. Paul Mercury Insurance Company ("St. l
Paul") and Pack & Process, Inc. ("Pack & Process"), plaintiffs in the lead action of this
consolidated matter, hereby submit this interim status report.
St, Paul and Pack & Process are plaintiffs in the lead action in this consolidated matter
which involves a June 18, 2001 motor vehicle accident. Defendant Maly Yan was the driver of 1
the van that was one of the vehicles involved in the subject motor vehicle accident. St. Paul and f
Pack & Process filed this Declaratory Judgment Action seeking a determination by this Court 1
that no coverage is available to defendant Maly Yan under a policy of insurance that St. Paul 1
issued to Pack & Process, with respect to defendant’s liability in certain underlying tort actions. I
St. Paul and Pack & Process further seek a determination by this Court that defendant Maly Yan l
was not acting in the course and scope of her employment with Pack & Process at the time of the
accident.
The nature of the matters at issue in this case is whether Plaintiff, Pack & Process can be Y
held vicariously liable for any alleged negligence of Maly Yan for causing this accident. l
Plaintiffs Pack & Process and St. Paul, Pack & Process’ insurance carrier, assert that the
evidence establishes that Maly Yan was not in the course and scope of her employment with ~
Pack & Process at the time ofthe accident. As such, there is no coverage available to Maly Yan ,
I
Case 1:05-cv—OOO22-IVIPT Document 95 Filed O4/27/2006 Page 3 of 3 l
PAGE **0 2 TO The Honorable Kent A. Jordan
April 27, 2006
under Pack & Process’ policy with St. Paul, and Pack & Process cannot be held liable for the i
accident.
Plaintiffs in the consolidated action were passengers in the van driven by Maly Yan who
Q all suffered injuries as a result ofthe motor vehicle accident. Plaintiffs filed an action for l
declaratory relief and indemnification in the U.S. District Court for the Eastern District of J
. Pennsylvania that was eventually transferred to this Court and consolidated with the lead action. l
Written discovery has been exchanged between all the parties. Various deposition have
been scheduled for the end of April through May, 2006. No further discovery is contemplated.
The undersigned counsel understands that counsel for the plaintiffs in the consolidated
action will be tiling a separate status report with the Court.
Respectfully submitted,
DEASEY, MAHO EY & BENDER, LTD.
BY; †6/M ~.. l
HENR MARCEL i
cc: Joshua Van Naarden, Esquire
Joseph K. Koury, Esquire
Yvonne Takvorian Saville, Esquire ’
Steven M. Dranoff, Esquire
Warren I. Seigel, Esquire
Michael Sensor, Esquire
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