Free Stipulation to EXTEND Time - District Court of Delaware - Delaware

Case 1:04-cv—00955-GIVIS Document 144-3 Filed 07/11/2008 Page 1 of 2
ANDERSON KILL & OLIck, P.C.
Attorneys and Counselors at Law
1251 AVENUE OF THE AMERICAS n NEW YORK, NY 10020
TELEPHONE: 212-278-1000 ¤ FAX; 212-278-1733
vvww.andersonkiIl.com
Dennis Artese, Esq.
[email protected]
(212) 278-1246
July 10, 2008
The Honorable Gregory IVI. Sleet
United States District Judge
U.S. District Court District of Delaware
844 King Street
Wilimington, Delaware 19801
Re: DVI, Inc. v. O’Hanlon, etal.,
CivilAction 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
to request a new schedule for the sen/ice of expert reports and the filing of dispositive
motions in accordance with the dates set by Judge Legrome D. Davis in the Federal
District Court for the Eastern District of Pennsylvania . As this Court is aware, we have
been coordinating discovery of this action with four other closely—related actions pending
before Judge Davis (the "Pennsylvania Actions"), all of which relate to the bankruptcy of
DVI, Inc. ("DVl"), and all of which are coordinated for purposes of discovery.1
Furthermore several of the defendants in this Action are also defendants in some of the
Pennsylvania Actions.
Attached for your consideration and approval is a proposed Joint
Stipulation and Order revising the current schedule as to the service of expert reports
and the filing of dispositive motions. All parties have agreed to this proposed schedule
with the exception of Mr. Cohn’s counsel, Julian Friedman, because he opposes the
application and desires to file his motion in accordance with the schedule previously
established by this Court.
In consideration of the foregoing and the coordinated nature of deadlines
in this case with the Pennsylvania Actions, the Trustee respectfully requests that this
1 Discovery in the case of Buckley v. Clifford Chance, et al., E.D. Pa. No. 2:06-CV—1003,
which also arises out of the bankruptcy of DVI, was coordinated with discovery in the
other Pennsylvania Actions (ln re DVI, Inc. Sec. Litig., E.D. Pa. 03-CV-05336; WM High
Yield Fund, et al v. O’HanIon, etal., E.D. Pa. 04-CV-3423; and Fleet National Bank v.
Michael O’HanIon, et al., E.D. Pa. 04-CV—1277) in August of 2006.
New York n Chicago ¤ Greenwich ¤ Newark n Philadelphia n Washington, D.C.

Case 1 :04-cv—00955-GIVIS Document 144-3 Filed 07/11/2008 Page 2 of 2
Anderson Kill & Olick, P.C.
The Honorable Gregory M. Sleet
July 9, 2008, 2008
Page 2
Court order the new schedule as set forth in the attached proposed Joint Stlpulation and
Order.
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.
F Respectfully submitted,
Dennis Artese, Es . F
Anderson Kill & Olick
1251 Avenue of the Americas
New York, NY 10020
..t~
‘ rancis A. Nlonac , Jr., sq. (#2078)
Womble Carlyle andridge & Rice P C.
222 Delaware Avenue, 15th Floor
Wilmington, DE 19801
Local counsel
cc: Counsel for Defendants