Free Letter - District Court of Delaware - Delaware

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Case 1 :07-cv-00283—Gl\/IS Document 34 Filed 07/11/2008 Page 1 of 2
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E N G LISITI rr
ATTORNEYS AT LAW g
July 11, 200s
VIA HAND DELIVERY AND E-FILING
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The Honorable Gregory li/I. Sleet i.
Chief Judge
- United States District Court for the District of Delaware Q
844 North King Street ‘
Room 4209
Lock Box 19
Ch,»,StOpm,»A Sérw Wilmington, DE 19801 i
u#駣rémestp Re: NLC. Painting Corp. v. Cianbro Corporation etal. C.A. No. 07-CV-283 .
Ta02.s0A1. i
;§?e% r.¤¤m Dear Judge Sleet:
I represent Cianbro Corporation in the above referenced matter. I write to provide
Your Honor with an update regarding this case and to provide a brief explanation of i
- - thejoint stipulation filed herewith. Following a December 20, 2007 scheduling i
lV¤Ca:ter&ErrgI1sh, LLP . . . I
RBm,SS&,mG9m conference Your Honor entered a scheduling order providing a discovery cut-off
405,,, www 8%,,00, date of July 15, 2008. The parties have not encountered a single discovery dispute i
,],,,,,.,,,,;,,,0,, DE @0, and anticipate continuing on that path. Although discovery is almost fully complete, g
' the Parties respectfully request permission to postpone the final few depositions
Wm_Hmm_m until the first week of November. Such a request will not disrupt in any other way,
the scheduling order.
This matter includes a specific Counterclaim regarding an executory contract which
Cianbro alleges is partially in breach, but under which yet unknown potential
damages have accrued. Simply, Cianbro alleges, inter alia, that l‘v1.C. Painting Corp. i
was required to warrant its work by ongoing inspection and repair through October
OOOTOO 31, 2008. Although the parties have various contract claims pending between them,
a significant portion of the disagreement (and settlement discussions) is now g
HARTFQRD focused upon this yet unknown potential liability.
In an effort to avoid costly follow-up depositions, the parties have agreed to, with the
NEW YORK Court’s permission, a single modification of the Scheduling Order as foilowsz .
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NEWARK All non-expert party depositions and any final paper discovery regarding
warranty items arising between July 15, 2008 and October 31, 2008, must be §
completed by November 15, 2008.
PHILADELPHIA
The parties do not anticipate dispositive motions in this matter and remain confident i
STAMFURD that this case will be resolved before Magistrate Judge Stark. We have requested a
mediation in November.
WILMINGTON I
li/IE1 75151400.1

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Case 1:07-cv-00283—Gl\/IS Document 34 Filed 07/11/2008 Page 2 of 2
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The Honorable Gregory Nl. Sleet Ti
July 11, 2008 .
Page 2 E
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As always, if Your Honor should have any questions about this or any other matter, }
the parties remain available at the convenience of the Court. I
Respectfully submitted,
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Christopher A. Selzer/aa f
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