Free Letter - District Court of Delaware - Delaware


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Date: January 6, 2006
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State: Delaware
Category: District Court of Delaware
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Case 1:04-cv-00394-GMS

Document 13

Filed 01/06/2006

Page 1 of 2

1313 N. Market Street Suite 5100 Wilmington, DE 19899-1709 302.777.6500 Fax 302.421.8390

Adam Hiller direct dial: 302.777.6582 direct fax: 302.397.2711
[email protected]

January 6, 2006

VIA ELECTRONIC FILING The Honorable Gregory M. Sleet United States District Court J. Caleb Boggs Federal Building 844 N. King Street Room 4324, Lockbox 19 Wilmington, DE 19801 Re: In re BroadBand Office, Inc., Case No. 01-1720-GMS (Chap. 11)

Dear Judge Sleet: This office represents BBO Liquidation Corp. ("Plaintiff") as successor to BroadBand Office, Inc., in the above-referenced Chapter 11 case and various related adversary proceedings. Recently we were contacted by Your Honor's chambers regarding a mediation which had been scheduled for January 12, 2006 in the following adversary proceedings: · · · Civil Action No. 03-690 (BroadBand Office, Inc. vs. Datec Corporation) Civil Action No. 04-394 (BroadBand Office, Inc. vs. Amerilink) Civil Action No. 04-399 (BroadBand Office, Inc. vs. Dittcomm)

Our records reflect that the Court initially scheduled a mediation in another adversary proceeding (against Atlas Van Lines, Inc.), but that mediation was subsequently canceled by the Court. I contacted counsel for Datec Corporation, Thomas Whelan, who confirmed that he did not have any record of a mediation scheduled for January 12, 2006 and that his client would likely not have sufficient time to prepare for a mediation. The attorney for each respective defendant in the other two adversary proceedings has withdrawn. We intend to file motions in both of those adversary proceedings to require the corporate defendants to secure new counsel by a date certain, and we recently filed a motion to amend the complaint in the case against Dittcomm to correct a possible defect in the name of the defendant.

Philadelphia Berwyn

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Detroit Orange County www.pepperlaw.com

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Pittsburgh Wilmington

Case 1:04-cv-00394-GMS

Document 13

Filed 01/06/2006

Page 2 of 2

The Honorable Gregory M. Sleet January 6, 2006 Page 2 It is our understanding from Your Honor's chambers that no mediations will be going forward in these adversary proceedings on January 12, 2006. Nonetheless, we are available at the Court's convenience should Your Honor wish to address the foregoing with the parties. Respectfully submitted,

/s/ Adam Hiller cc: David M. Fournier, Esquire Thomas Whelan, Esquire (counsel for Datec Corporation), by electronic mail Amerilink (by mail at its last known address) Dittcomm (by mail at its last known address)

WL: #181671 v2 (3w6f02!.DOC)