Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01488-JJF Document 98 Filed 08/21/2007 Paget of 2
Monnrs, Nror-10Ls, Ansrrrr & TUNNELL LLP
1201 Noun MARKET Sruxr
P.O. Box 1347
WILMINGTON, DELAWARE 19899-1347
302 658 9200
WILLIAM M. LAFFERTY 302 558 3989 FAX
302 251 9341
302 425 4679 FAX
wlaf`[email protected]
August 21, 2007
VIA CM/ECF VIA CM/ECF
The Honorable Sue L. Robinson The Honorable Joseph J. Farnan, Jr.
United States District Court United States District Court
844 North King Street 844 North King Street
Lock Box 31 Lock Box 27
Wilmington, DE 19801 Wilmington, DE 19801
Re; Millett v. TrueLink, Inc. C.A. No. 05-599-SLR ("the Millett Action”); and
Townes v. Trans Union LLC and TrueLink, Inc. ("the Townes Acti0n"),
C.A. No. 04-1488-.IJF
Dear Judge Robinson and Judge Farnan:
I write as local counsel for the Defendants in both of the above-referenced actions and in
response to the August 16, 2007 letter of plaintiffs’ counsel in the Millett Action. Although it is
not typically my practice to write letters to the Court, in light of plaintiff`s’ counsel’s letter and
the exigencies of the above-captioned actions, I believe that it is appropriate and necessary under
the circumstances. —
In his August 16 letter, the Milletts’ counsel notes that the Milletts have recently filed
their Motion for Class Certification in the Millett Action pending before Judge Robinson.
Counsel also notes that a hearing for final approval of the class settlement reached in the Townes
Action, pending before Judge Farnan, is scheduled for September ll, 2007. Counsel fails to
note, however, that any final approval of the settlement reached by the parties in the Townes
Action would extinguish the claims of most, if not all, ofthe class members the Milletts seek to
represent. Counsel also fails to note that the Milletts recently filed a Motion For Extension Of
Time To Amend Pleadings, indicating the possible addition of new plaintiff(s) to the Millett
Action, without providing any explanation as to how such an amendment might impact their
pending Motion for Class Certification, or the prior close of fact discovery in this action.
-. .. .- ...... .--. Qive¤Jhese_cirau1nsta1aceS,.defendant._TrneLi¤k,-.Inc. _t11e.__Mi11er¤_Action_resp_ecrfu11y__._. -_. _.
requests that Judge Robinson schedule a status conference (teleplionically, if possible) at the
Court’s earliest convenience to discuss the impact of these events, including the propriety of a

Case 1:04-cv-01488-JJF Document 98 Filed 08/21/2007 Page 2 of 2
The Honorable Sue L. Robinson
The Honorable Joseph J. Farnan, Jr.
August 21, 2007
Page 2
possible stay of the Milletts Action pending Judge Farnan’s ruling on final approval of the class
settlement in the Tovvnes Action.
Respectfully, g
William M. Lafferty (#2755)
cc: Christopher J . Curtin (via CM/ECF)
Carmella P. Keener (via CM/ECP)
Jay N. Moffitt (via CM/ECF) ‘
Clerk of the Court (paper courtesy copies)