Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-01344-SLR Document 7 Filed 03/11/2005 Page 1 of 2
Buchanan Ingersoll rc
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The Nemours Building
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[email protected] T 392 428 5500
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March ll, 2005
VIA E-FILING AN D HAND DELIVERY
The Honorable Sue L. Robinson
U.S. District Court for the District of Delaware
844 North King Street
Wilmington, DE 19801
Re: Raymer v. Assoc. Elec. & Gas Services Ltd., C.A. No. 04-1344-SLR
Dear Chief Judge Robinson:
This tirm represents plaintiff John P. Rayner in the above—referenced action. I have
conferred with counsel for defendant Associated Electric & Gas Services Limited ("AEGIS")
and write on behalf of all parties with respect to the telephonic scheduling conference with the
Court currently scheduled for March 22, 2005 at 8:30 am. Mr. Rayner and AEGIS have agreed
to a settlement of this action that is contingent upon final approval bythe Delaware Court of
Chancery of the settlement of a related class action, In re Emerging Comnzzuticazions, Inc.
Shrnelrolders Litig., C.A. No. 16415, to which Mr. Rayner is a defendant. While the parties to
the Emerging action have tiled executed settlement papers with the Court of Chancery, notice of
the settlement has not yet been mailed to class members and the Court has not yet scheduled a
hearing at which to consider and potentially approve the settlement.
Under these circumstances, the parties respectfully submit that it would not be efficient or
productive at this time to submit a discovery plan or conduct a scheduling conference with the
Court. Instead, the parties propose postponing the currently—scheduled conference and providing
the Court with a written update on the Emerging action on or before May 31, 2005. If before
that date the settlement of the Emerging action is rejected by the Court of Chancery or becomes
ineffective for any other reason, the parties will notify the Court promptly and proceed with this
action. Should the settlement ofthe Enzerging action he approved prior to May 31, 2005, the
parties will dismiss this action in accordance with the terms of their settlement.
The parties also have agreed that the time period within which AEGIS must answer or
otherwise move in response to the complaint should be extended further until June l'7, 2005. A
proposed order reflecting this schedule is enclosed for Your I-Ionor’s consideration.
The parties appreciate the Court’s consideration of their request. If Your Honor has any
questions concerning this matter, counsel for Mr. Rayner and AEGIS are available at the
convenience ofthe Court.
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Case 1:04-cv-01344-SLR Document 7 Filed O3/11/2005 Page 2 of 2
March ll, 2005
Page 2
Respectfiilly,
Thad J. Bracegirdie
Enclosure
cc: Clerk ofthe Ceurt (via e—ii}ir1g, w/eiicl.)
Barry M. Klayman, Esquire (via hand delivery, w/eucl.)
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