Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-01551-JJF Document 93 Filed 05/31/2006 Page 1 of 2
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
1201 Nokru MARKET STLEET
P .O. Box 1347
WILMINGTON, DELAWARE 19899-1347
302 658 9200
DANIEL B. Burrz 302 658 3989 FAX
302 351 9248
302 425 4671 FAX
dbutz@mnat. com
May 31, 2006
VIA HAND DELIVERY
The Honorable Joseph J. Farnan, Jr.
United States District Court
District of Delaware
844 N. King Street
Room 4124, Lockbox 27
Wilmington, DE 19801
RE: Stanziale v. Pepper Hamilton, gt g, No. 04-1551
Royal Indemnity Co. v. Pepper Hamilton LLP, gt g, No. 05-165
Dear Judge Farnan:
In the Court’s May 18, 2006 Order, Your Honor directed each party to submit a
letter setting forth its position on any issues that remained in dispute after the parties attempted to
negotiate a joint scheduling order and deposition coordination plan. We write on behalf of
defendants Pepper Hamilton LLP and W. Roderick Gagné (the "Pepper Defendants") in
compliance with that Order.
The Pepper Defendants agree with the proposed Case Management Order
submitted by Royal. Although the schedule will require the parties to move through discovery at
an aggressive pace, we believe that the proposed dates are reasonable and will enable the parties
to move the case toward a final resolution as expeditiously as possible.
The Pepper Defendants agree to all of the terms in the draft Discovery
Coordination Order submitted by Royal except for the proposed length of depositions set out in
section I.A. The order as drafted would authorize the parties to depose certain witnesses for as
many as six days. We believe that it would be patently unreasonable to subject any witnesses to
a six day deposition. In addition, authorizing such lengthy depositions would make it difficult to
complete discovery and resolve these cases in the time frame set forth in either of the proposed
scheduling orders. The Pepper Defendants propose the following time limits in section I.A.:

Case 1:04-cv-01551-JJF Document 93 Filed 05/31/2006 Page 2 of 2
The Honorable Joseph J. F aman, Jr.
May 31, 2006
Page 2
"A Witnesses" may be deposed for no more than three days;
"B Witnesses" may be deposed for no more than two days; and
"C Witnesses" may be deposed for no more than one day.
We look forward to the opportunity to discuss these issues in more detail during
the conference on Jtme l.
Respectfully Yours,
Daniel B. Butz
DBB/clh
cc: All counsel on attached service list
522664