Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv—00955-GIVIS Document 146 Filed 07/18/2008 Page 1 of 2

Attorneys and Counselors at Law
1251 AVENUE OF THE AMERICAS I NEW YORK, NY 10020
TELEPHONE; 212-278-1000 I FAX: 212-278-1733
www.andersonkiII.com
Dennis Artese, Esq.
[email protected]
(212) 278-1246
July 18, 2008
The Honorable Gregory l\/I. Sleet
United States District Judge
U.S. District Court District of Delaware
844 King Street
Wilimlngton, Delaware 19801
Re: DVI, Inc. v. O’Hanlon, et al.,
Civil Action No. 1:04—cv—00955
Dear Judge Sleet:
We represent the plaintiff, Dennis J. Buckley, as Trustee of the DVI
Liquidating Trust (the "Trustee"), in the above referenced action (the "Action"). We write
with respect to the service of the Trustee’s expert reports, which were served via regular
mail to all counsel on the attached certificate of service on June 2, 2008. We were
informed earlier this week that counsel for l\/lr. O’Han|on, l\/lr. lVli|ler, lV|r. Roberts, lV|r.
Fear and lV|r. Boyle did not timely receive the reports. |\/lr. Cohn’s local counsel did
receive the report, however l\/lr. Cohn’s counsel claims that service was not made on
the appropriate attorney in this action because the attorney served was only counsel for
l\/lr. Cohn in the DVI—related actions in the Eastern District of Pennsylvania. The Trustee
cannot explain why counsel did not timely receive these reports as they were in fact
served on June 2, 2008. Nevertheless, Your Honor’s approval of the proposed revised
scheduling order filed, to which all counsel, with the exception of lVlr. Cohn’s counsel,
have stipulated agreement, would remedy any problems arising from this situation.
In consideration of the foregoing and the coordinated nature of deadlines
in this case with the Pennsylvania Actions, the Trustee respectfully requests that this
Court order the new schedule as set forth in the proposed Joint Stipulatlon and Order
filed with this Court on July 11, 2008.
T—L··**·————_‘—
New York I Chicago I Greenwich I Newark I Philadelphia I Washington, D.C.

Case 1 :04-cv—00955-GIVIS Document 146 Filed 07/18/2008 Page 2 of 2
Anderson Kill & Olick, P.C.
The Honorable Gregory l\/l. Sleet
July 18, 2008
Page 2
As summary judgment motions are currently due on July 21, 2008, we
appreciate Your Honor’s consideration of the foregoing at your earliest convenience.
Counsel to the parties are available for a telephone conference should Your Honor wish
to discuss this matter further.
Respectfully submitted,
Dennis Artese, Esq.
Anderson Kill & Click
1251 Avenue ofthe Americas
New York, NY 10020
£ .
Kevin J. ngan, Esq. (#3810)
Womble Carlyle Sandridge & Rice PLLC.
222 Delaware Avenue, 15th Floor
Wilmington, DE 19801
Local counsel
cc: Counsel for Defendants