Free Statement - District Court of Delaware - Delaware

Case 1:08-cv-00188-SLR

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Filed 07/29/2008

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE In re: BUFFETS HOLDINGS, INC., a Delaware corporation, et al., Debtors. Chapter 11 Jointly Administered Case No 08-10141

Delmarva Power & Light Company, Potomac Electric Power Company, Atlantic City Electric Company, Florida Power & Light Company, and Sacramento Municipal Utilities District, Appellants, v. Buffet Holdings, Inc., Appellees.

Case No. 1:08-cv-00188-SLR

STATEMENT PURSUANT TO LOCAL RULE 7.1.1 REGARDING MOTION FOR RELIEF FROM ORDER OF MEDIATION AND FOR EXPEDITED CONSIDERATION OF APPEAL Counsel for Appellants, Delmarva Power & Light Company, Potomac Electric Power
Company (together Pepco Holdings Inc. or "PHI"), Florida Power & Light Company ("FPL") and Sacramento Municipal Utility District, states that a reasonable effort has been made to reach agreement with the opposing party on appellants' request to be excused from mediation and, in the event the Court denies appellants' request to be excused from mediation, to permit the party

Case 1:08-cv-00188-SLR

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Filed 07/29/2008

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appellants to participate in the scheduled mediation telephonically rather than in person.

Respectfully submitted,

/s/William Douglas White William Douglas White Kevin R. McCarthy MCCARTHY & WHITE, PLLC 8180 Greensboro Drive, Suite 875 McLean, Virginia 22102 Tel: (703) 770-9265 /s/Michael P. Morton Michael P. Morton Michael P. Morton P.A. 1209 North Orange Wilmington DE (302) 426-1313 Attorneys for Delmarva Power & Light Company, Potomac Electric Power Company, Atlantic City Electric Company, Florida Power & Light Company, and Sacramento Municipal Utilities District