Free Letter - District Court of Delaware - Delaware

Case 1:08-cv-00431-RLB

Document 5

Filed 07/30/2008

Page 1 of 1

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July 29, 2008
Via Federal Express

The Honorable Ronald L. Buckwalter United States District Court Delaware District of 844 N. King Street Wilmington, DE 19801
Re: Anderson Memorial Hospital v. W.R. Grace & Co., Civil Action 08-431
Dear Judge Buckwalter:

I am writing on behalf of W.R. Grace to bring to this Court's attention a scheduling issue that has arisen in the above-referenced matter. This spring, the United States Bankuptcy Court for the
District of Delaware denied a motion seeking certification of a nationwide class of propert damage

claimants in W.R. Grace's Chapter 11 proceedings. The putative class representative, Anderson Memorial Hospital, is now attempting to appeal the bankruptcy court's order in this Court.
Anderson Memorial appears to be proceeding along two separate tracks at the same time. On June 9, 2008, Anderson Memorial fied both a notice of appeal, on the assumption that the bankruptcy court's order is final, and a motion for leave to appeal, in the event that the order is "interlocutory in nature." In connection with its notice of appeal, Anderson Memorial fied a designation of record and Grace, out of an abundance of caution, fied a counter-designation without conceding that the bankruptcy court's order is finaL. On July 11, this Court docketed the appeal and set August 1,2008 as the deadline for Anderson Memorial's appellate brief.
By this letter, Grace respectfully requests that this Court vacate the upcoming August 1 deadline and stay briefing pending resolution of Anderson Memorial's motion for leave to appeaL. The motion for leave to appeal is fully briefed: Grace fied its response on June 19, Anderson Memorial fied a reply on July 8, and Grace fied a sur-reply on July 11. We have contacted counsel for Anderson Memorial twice -- on July 24 and 28 -- regarding our intention to send this letter to Your Honor, and this letter to them both times, and have not heard further from them. provided a draft of
Sincerely,

ot.: f.. ~
Lisa G. Esayian
cc: Daniel A. Speights, Esq.

Marion C. Fairey, Jr., Esq.

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