Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-01494-JJF Document 30 Filed 1 1/O4/2005 Page 1 of 2
CURTIS, IVIA|.LET‘IDREVOST, COLT ES. IVIOSLE I..I.I=
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November 4, 2005
B Y FED EX and HAND DELIVERY
The Honorable Joseph J. Farnan, Jr.
United States District Court
District of Delaware
844 King Street
Wilmington, DE I980l
Re: In re North Western Corporation
Bankruptcy Case No.: 03-12872 gJLP[
Dear Judge Farnan:
We write on behalf of NorthWestern Corporation ("l\lorthWestern") to report on
the status of the parties’ efforts to select a mediator to mediate the various actions involving
Magten Asset Management Corp. (“Magten"), NorthWestern and other parties (the "Aetior1s"),
pending before this Court.
In accordance with Your Honor’s October 24, 2005 Order (the "Order"), the
parties actively engaged in discussions to select a mediator. The parties did reach agreement on
two mediators, both prominent attorneys. Unfortunately, both individuals declined to serve as
mediator due to a lack of availability in the time-frame contemplated by the Court’s Order, even
assuming a short extension of time. Some of the difficulty in selecting a mediator comes from
the intent of tfhe parties to find a mediator free from conflicts or relationships with the interested
clients.
The parties are committed to continue their effort to select a mediator and to
proceed with the mediation as soon as possible. ln that spirit, NorthWestem has agreed to
`Magtcn`s request that NorthWestem pay the mediator’s fees.
NorthWestem has made every effort to comply with Your Honor’s Order, to
promptly take all steps necessary to proceed with the mediation. Unfortunately, however,
despite our best efforts, we are constrained to ask the Court for a further one week extension of
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Case 1:04-cv-01494-JJF Document 30 Filed 11/O4/2005 Page 2 of 2
CURTIS, MAI.LETrF’REVO5T, c<:>i.T B. M<:>5i.E i.|.P HUH- Joseph F&I`l'lHH, JI`.
Aw-nnnaws Mm c¤u~sm.i.¤¤:; AT Law Page 2 November 45
time to select a mediator. NorthWestern remains ready, willing and able to proceed with the
mediation as soon as possible.
l have been advised by counsel for Magten and the Plan Committee that they
support this request for an extension.
Respectfully Submitted,
J os urro
ec: Clerk of Court (Via CMF)
Bonnie Steingart, Esq. (Via E-Mail)
Gary L. Kaplan, Esq. (Via E-Mail)
David A. Jenkins, Esq. (Via E-Mail)
Kathleen M. Miller, Esq. (Via E-Mail)
Bijan Arnini, Esq. (Via E-Mail)
William E. Chipman, Jr., Esq. (Via E-Mai 1)
Neil B. Glassman, Esq. (Via E-Mail)
Charlene D. Davis, Esq. (Via E-Mail)
Adam G. Landis, Esq. (Via E-Mail)
Robert J. Dehney, Esq. (Via E-Mail)
Curtis S. Miller, Esq. (Via E-Mail)
David L. Finger, Esq. (Via E-Mail)
Jesse H. Austin, III, Esq. (Via E-Mail)
Karol K. Denniston, Esq. (Via E-Mail)
Amanda Darwin, Esq. (Via E-Mail)
John V. Snellings, Esq. (Via E-Mail)
Alan W. Kornberg, Esq. (Via E-Mail)
Margaret A. Phillips, Esq. (Via E-Mail)
Stanley T. Kaleczyc, Esq. (Via E-Mail)
Denise Seastone Kraft, Esq. (Via E-Mail)
Office ofthe United States Trustee (Via Federal Express)
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