Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01201-MPT

Document 16

Filed 07/16/2007

Page 1 of 1

THE NEUBERGER FIRM
A TTORNEYS AND C OUNSELLORS AT L AW
TWO EAST SEVENTH STREET SUITE 302 WILMINGTON, DELAWARE 19801-3707
WWW.NEUBERGERLAW.COM EMAIL: [email protected]

THOMAS S. NEUBERGER, ESQUIRE STEPHEN J. NEUBERGER, ESQUIRE RAEANN WARNER, ESQUIRE CHERYL A. HERTZOG, ESQUIRE*
*(Licensed in PA and NJ only)

PHONE: (302) 655-0582 FAX: (302) 655-9329

July 16, 2007 The Honorable Mary Pat Thynge United States District Court District of Delaware 844 King Street Wilmington, DE 19801 RE: Riddell v. Gordon, et al., C.A. No. 04-1201-***

Via CM/ECF Filing

Dear Judge Thynge: This case was filed on August 27, 2004. (D.I. 1). On December 15, 2004, following consideration of the six factors set forth in the case law, the Court stayed this case in light of the criminal proceedings pending against defendants Gordon and Freebery. (D.I. 13). Recent published newspaper accounts reveal that defendants have pled guilty to some of the criminal charges against them and the remainder have been or will be dismissed. As a result of these events, the rationale used by the Court to stay this case - including the status of the criminal proceedings, defense concerns about self-incrimination - no longer apply. Indeed, the public interest, the court's interest and plaintiff's interest in resurrecting this long-stayed case have now dramatically increased. Accordingly, plaintiff respectfully requests that the stay be lifted so that defendants may file their Answer and discovery may proceed. Alternatively, a teleconference with the Court may be appropriate. Respectfully submitted, /s/ Stephen J. Neuberger Attorney for Plaintiff cc: William W. Bowser, Esq. (via CM/ECF) Kathleen M. Jennings, Esq. (via CM/ECF) Charles E. Butler, Esq. (via U.S. Mail)

R iddell \ Letters \ Thynge.01