MORRIS, NICHOLS, ARSHT & TUNNELL LLP
1201 NORTH MARKET STREET
P.O. Box 1347
W1LM1NeToN, DELAWARE l9899—l347
302 658 9200
GREGORY W. WERKHEISER 302 658 3989 FAX
202 351 9229
202 425 4663 FAX
gwerl
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 ul., C.A. No. 08-313 (SLR)
I Dear Judge Robinson:
The undersigned is counsel for BEPCO, L.P., f/k/a Bass Enterprises Production
Company ("BEPCO"), appellant and cross—appellee in the above-referenced procedurally
consolidated appeals (the "Appeals"). I write with respect to the following pending requests for
relief made by BEPCO in connection with the Appeals that BEPCO believes are now fully
briefed and ready to be submitted for decision by this Court:
• BEPCO, L.P., jk/a Bass Enterprises Production Company ’s Emergency
Request For Certyication For Direct Appeal T 0 The United States Court
OfAppeals For The Third Circuit Pursuant To 28 US. C. § I58(d)(2) (D.I.
6) (the "Certification Reguest");
• Motion Of Appellant BEPCO, L.P., j7k/a Bass Enterprises Production
Company (I) For Consideration Of Supplemental Materials In Connection
With Certdication Request And (ID To Supplement Record On Appeal
(DI 8); and
• Motion of Appellant BEPCO, L.P., jk/a Bass Enterprises Production
Company to Bypass Appellate Mediation (DI I 4).
Case 1 :08-cv-00313-SLR Document 21 Filed 06/25/2008 Page 2 of 2
The Honorable Sue L. Robinson
June 25, 2008
Page 2
(collectively, the "Pending Requests"). The table attached as Exhibit A hereto identifies the
P relevant submissions of the parties to these Appeals relating to the Pending Requests.
As described in the Pending Requests and BEPCO’s related filings, BEPCO
desires to expedite these Appeals to the extent practicable because of the existence of related
proceedings before the Delaware Bankruptcy Court, currently pending for a hearing on July 23,
2008, that may negatively impact BEPCO’s ability to obtain effective appellate relief While the
Certification Request is a matter that Federal Rule of Bankruptcy Procedure 800l(f)(3)(E)
contemplates should normally be resolved on an expedited basis without oral argument unless
the Court otherwise directs, BEPCO is prepared to appear for oral argument at the convenience
of the Court if the Court believes that oral argument will facilitate the prompt adjudication ofthe
Pending Requests.
Respectfully,
·*f Q.
•/ A
Gregory erkheiser
GW W/ sl {
Enclosure
cc: A David Buchbinder, Esquire
Mark A. Chavez, Esquire
J olm 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
2383097.1
Case 1 :08-cv-00313-SLR Document 21 -2 Filed 06/25/2008 Page 1 of 2
Exhibit A
A 06/04/2008 Q MOTION for Certificate ofAppea1abi1ity BEPCO, L.P., f//c/a Bass
Enterprises Production Companys Emergency Request For Certyfication
I For Direct Appeal T0 The United States Court Of Appeals For The Third
Â¥ Circuit Pursuant T0 28 US. C. Section 158(d)(2) - filed by BEPCO LP.
; , (Attachments: # 2 Proposed Certification, # 2 Certificate of Service, # 2
I i Service List)(Werkheiser, Gregory) (Entered: 06/04/2008)
( 06/11/2008 _8_ ( MOTION to Amend/Correct Motion Of Appellant BEPCO, L.P., j7k/a Bass
Enterprises Production Company (D For Consideration Of Supplemental
l l Materials In Connection With Certyication Request And (ID T 0
i Supplement Record On Appeal - filed by BEPCO LP. (Attachments: # 2
1 ` Exhibit 1 Part 1, # 2 Exhibit 1 Part 2, # 3 Certificate of Service, # 4 Service
( ` List)(Werkheiser, Gregory) (Entered: 06/11/2008)
06/13/2008 Q RESPONSE to Motion of BEPCO, L.P. F/K/A Bass Enterprises Production
1 2 Companys Emergency Request For Certqication For Direct Appeal To The
( ‘ United States Court Of Appeals For The Third Circuit Pursuant T 0 28
1 USC. § I 58(d)(2) filed by 15375 Memorial Corporation, Santa Fe
l Minerals Inc.. (Attachments: # 1 Certificate of Service)(Demmy, John)
(Entered: 06/13/2008)
06/13/2008 Q ( RESPONSE to Motion Response in Opposition to BEPCO, LP fka Bass
` » = Enterprises Production Companys Emergency Request for Certqfication
A for Direct Appeal to the United States Court of Appeals for the Third
1 . Circuit Pursuant to 28 US. C. Section 158(d)(2) filed by G1obalSantaFe
; Corporation, Globa1SantaFe Corporate Services Inc., Entities Holdings
‘ Inc., (Attachments: # 2 Certificate of` Service)(Mangan, Kevin) (Entered:
3 06/13/2008)
§ 06/13/2008 Q NOTICE of` Filing Exhibit "A" to Response by G1oba1SantaFe Corporation,
G1obalSantaFe Corporate Services Inc., Entities Holdings Inc. re IQ
i Response to Motion, (Attachments: # 1 Exhibit A, # 2 Certificate of
1 ; Service)(Mangan, Kevin) (Entered: 06/13/2008)
06/16/2008 l Q . MOTION for Leave to File A Reply In Support Of Its Emergency Request
. l l — For Certnication For Direct Appeal T 0 The United States Court Of
i Appeals For The Third Circuit- filed by BEPCO LP. (Attachments: # 2
l ( Exhibit A, # 2 Certificate of Service, # 2 Service List)(VVerkheiser,
l Gregory) (Entered: 06/16/2008)
06/18/2008 Q STATEMENT re Q MOTION for Leave to File A Reply In Support Of Its
= i Emergency Request For Certyication For Direct Appeal T o The United
( States Court Of Appeals For The Third Circuit by BEPCO LP.
. (Attachments: # I Certificate of Service, # 2 Service List)(Werkheiser,
( ‘ Gregory) (Entered: 06/18/2008)
Case 1 :08-cv-00313-SLR Document 21 -2 Filed 06/25/2008 Page 2 of 2
06/18/2008 Q ` Emergency MOTION To Bypass Appellate Mediation - filed by BEPCO
I LP. (Attachments: it 1 Exhibit A, # 8 Exhibit B, # 8 Exhibit C, # 4 Exhibit
E D, # 8 Exhibit E, # Q Exhibit F, # Z Exhibit G, # 8 Exhibit H, # Q Exhibit I,
l . # Q Exhibit J, # Q Exhibit K, # Q Exhibit L, # Q Certificate of Service,
l # Q Service List)(Werkheiser, Gregory) (Entered: 06/18/2008)
06/19/2008 Q Emergency MOTION to Expedite Shorten Notice and Response Deadline
with respect to the Emergency Motion Of Appellant BEPCO, L.P. ]7k/a
I ; Bass Enterprises Production Company T 0 Bypass Appellate Mediation —
’ A filed by BEPCO LP. (Attachments: # 1 Exhibit A, # 8 Exhibit B, # 8
I Certificate of Service)(Werkl1eiser, Gregory) (Entered: 06/19/2008)
06/19/2008 1 16 RESPONSE to Motion re 8 MOTION to Amend/Correct Motion Of
Appellant BEPCO, L.P., Wk/a Bass Enterprises Production Company (D
f For Consideration Of Supplemental Materials In Connection mth
j Certqication Request And (ID To Supplement Record On Appeal MOTION
g to Amend/Correct Motion Of Appellant BEPCO, L.P., ]7k/a Bass
Enterprises Production Company (D For Consideration Of Supplemental
l Materials In Connection With Certyication Request And (ID To
Supplement Record On Appeal filed by Globa1SantaFe Corporation,
GlobalSantaFe Corporate Services Inc., Entities Holdings Inc..
1 2 ; (Attachments: # 1 Certificate of` Service)(Monaco, Francis) (Entered:
1 g I 06/19/2008)
06/23/2008 Q j Joint RESPONSE to Motion re Q Emergency MOTION To Bypass
E · Appellate Mediation And Motion To Strike Related Exhibits filed by 15375
l Memorial Corporation, Santa Fe Minerals Inc,. (Attachments: # 1 Exhibit
1 A)(Demmy, John) (Entered: 06/23/2008)
06/23/2008 Q I J OINDER by 15375 Memorial Corporation, Santa Fe Minerals Inc., joining
in Q Response to Motion,, Of GlobalSantaF e Entities In Opposition To
BEPCO, L.P. ]7k/a Bass Enterprises Production Companys Motion (D For
` Consideration Of Supplemental Materials In Connection VWth Certqication
I Request And (ID To Supplement Record On Appeal. (Demmy, John)
( . ( (Entered: 06/23/2008)
§ 06/23/2008 Q 1 REPLY BRIEF re Q Emergency MOTION To Bypass Appellate
( Mediation Reply In Further Support Of Emergency Motion Of Appellant
BEPCO, L.P. ]7k/a Bass Enterprises Production Company To Bypass
A Appellate Mediation filed by BEPCO LP. (Attachments: # 1 Exhibit A, # 8
I , Exhibit B, # 8 Certificate of` Service, # 4_ Service List)(Werkheiser,
5 Gregory) (Entered: 06/23/2008)
l 06/24/2008 Q AFFIDAVIT of Kathleen Cooper re Q J oinder, Q Response to Motion
l I _ filed by 15375 Memorial Corporation, Santa Fe Minerals Inc.. (Demmy,
3 John) (Entered: 06/24/2008)
32383101.1 I
Case 1:08-cv-00313-SLR
Document 21
Filed 06/25/2008
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Case 1:08-cv-00313-SLR
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Case 1:08-cv-00313-SLR
Document 21-2
Filed 06/25/2008
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Case 1:08-cv-00313-SLR
Document 21-2
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