Free Letter - District Court of Delaware - Delaware

Case 1 :08-cv-00313-SLR Document 25 Filed 07/14/2008 Page 1 of 2
MORRIS, NICHOLS, A.RSHT & TUNNELL LLP
1201 NORTH MARKET STREET
P .O. Box 1347
WILMINGTON, DELAWARE 19899-1347
302 658 9200
GREGORYW. WERKHEISER FAX
302 351 9229
302 425 4663 FAx
gw €I‘kh€iS C1` @I1'1I13t. COH1
July 14, 2008
BY HAND DELIVERY
The Honorable Sue L. Robinson
J. Caleb Boggs Federal Building
844 N. King Street
Room 6124
Lockbox 31
Wilmington, DE 19801
Re: BEPCO, L.P. v. 15375 Memorial Corp., et al., C.A. No. 08-313 (SLR)
Dear Judge Robinson:
I write as counsel for BEPCO in reply to Mr. Demmy’s letter, which was tiled
with the Court on behalf of the Debtors and GSF Entities and served electronically on the
undersigned at the close of business on Friday, July 11, 2008. What is most notable about the
letter from the Debtors and the GSF Entities is what it does not say — nowhere do they dispute
the accuracy of BEPCO’s simple recitation of what has transpired in the Bankruptcy Court since
BEPCO’s motion to bypass appellate mediation was filed in this Court or the relevance of such I
information to the Court’s consideration of BEPCO’s motion.
BEPCO’s letter was intended merely to transmit information to this Court about
further developments in the Bankruptcy Court that may be relevant to the Court’s disposition of
the Mediation Motion pending before it. BEPCO believes that it is particularly necessary and
appropriate for this Court to be provided such information, given that the Bankruptcy Cases
continue to proceed while the Appeals are pending before this Court. Indeed, BEPCO may have
been ethically bound to inform this Court that its prior statements in its motion papers about the
matters previously scheduled for the July 23, 2008 hearing in the Bankruptcy Court were no
longer accurate.
Two other unfounded assertions in Mr. Demmy’s letter merit a brief response.
Whether the Court should consider certain of the recent filings in the Bankruptcy Court in
connection with the merits of the Appeals is the subject of a separate motion pending before the
Court and was not addressed by BEPCO’s letter. As to the accusation of the Debtors and GSF

Case 1:08-cv-00313-SLR Document 25 Filed 07/14/2008 Page 2 of 2
The Honorable Sue L. Robinson
July 14, 2008
Page 2
Entities that BEPCO is somehow compromising the integrity of this Cou1t’s appellate mediation
program by advising the Court that dates for appellate mediation have been scheduled subject to
the disposition ofthe Mediation Motion, BEPCO fails to see how that could be the case.
I am available at the convenience of the Court to address this or any other matter
currently pending before the Court in connection with the Appeals.
Respectfully,
Gregog Wiégeisgr
cc: David Buchbinder, Esquire
Mark A. Chavez, Esquire
John D. Demmy, Esquire
Francis A. Monaco, Jr., Esquire
Kevin J. Managan, Esquire
Kevin F. Brady, Esquire
Philip G. Eisenberg, Esquire
John C. Kilgannon, Esquire
M. Hampton Carver, Esquire
Leann Opotowsky Moses, Esquire
2408679.1 ·

Case 1:08-cv-00313-SLR

Document 25

Filed 07/14/2008

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Case 1:08-cv-00313-SLR

Document 25

Filed 07/14/2008

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