Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00308-JJF

Document 44

Filed 12/12/2005

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FIRM and AFFILIATE OFFICES NEW YORK LONDON CHICAGO HOUSTON PHILADELPHIA

MATT NEIDERMAN DIRECT DIAL: 3026574920 E-MAIL: [email protected] www.duanemorris.com

SAN DIEGO SAN FRANCISCO DETROIT BOSTON WASHINGTON, DC ATLANTA MIAMI PITTSBURGH NEWARK ALLENTOWN WILMINGTON CHERRY HILL HARRISBURG BANGOR PRINCETON WESTCHESTER

December 12, 2005 VIA ELECTRONIC FILING The Honorable Joseph J. Farnan, Jr. United States District Court District of Delaware 844 North King Street, Room 4209 Lock Box 27 Wilmington, DE 19801 Re: Baxter v. Baxter, C.A. No 04-308 (JJF)

Dear Judge Farnan: We write in response to the Court's December 2, 2005 letter to counsel and in follow up to our letter to the Court dated December 5, 2005, as a result of recent developments in this case. After counseling with my client, Mr. Baxter recognizes that, given the rapidly approaching holidays and the current status of this case, it would be in Torin's best interests for his return to take place after the first of the year, in the timeframe set forth in the Court's November 22 Order. Also, Mr. Baxter just learned that he will in fact be receiving financial assistance for Torin's return from the Australian Central Authority. As a result, Mr. Baxter has authorized me to seek a voluntarily dismissal of his pending appeal of the Court's November 22, 2005 Order, which we are in the process of doing. With respect to the Court's November 22 Order, earlier this week, we provided counsel for Mrs. Baxter with Mr. Baxter's current address and telephone number. It is our understanding that Mrs. Baxter has already confirmed this information. We have requested and are awaiting confirmation from counsel for Mrs. Baxter that he has taken possession of Torin's passports and other identification. Finally, it is my understanding that Mr. Baxter has been having regular telephone calls with Torin.

D UANE M ORRIS LLP
1100 NORTH MARKET STREET, SUITE 1200 WILMINGTON, DE 19801-1246 PHONE: 302.657.4900 FAX: 302.657.4901

Case 1:04-cv-00308-JJF

Document 44

Filed 12/12/2005

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The Honorable Joseph J. Farnan, Jr. December 12, 2005 Page 2

We remain available at the Court's convenience should Your Honor have any questions concerning this matter.

Respectfully submitted,

/s/ Matt Neiderman MATT NEIDERMAN (I.D. No. 4018)

MXN/sb cc: Clerk of Court (by e-filing) Gerry Gray, Esq. (by e-filing)
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