Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00263-SLR Document 5 Filed 06/O1/2007 Page 1 of 2
COZEN
O’CON NOR
ATTORNEYS
4 vrorrssionn CORPORATION
suns 1400 cms; MNHATTAN centres 1201 Noam MARKET smart witlviincton, or l9BOl ·1 147
3022952000 8882072440 302.295.20l3 FAX www.cozen.com
June l, 2007 Jeffrey R. Waxman
Direct Phone 3I]2.29S.2i}77
]WHXm3H@€0ZCH.C0m
The Honorable Sue L. Robinson
Chief Judge
United States District Court
844 North King Street
Wilmington, DE 19801
Re: In re Magnatrax Corporation; Case No. 1:07-cv—00263 {SLR)
Dear Judge Robinson:
Cozen O’Connor, together with Paul, Weiss, Riikind, Wharton & Garrison LLP,
represents Onex American Holdings, LLC (“Appellant") in the above-referenced appeal pending
in the United States District Court for the District of Delaware. On May 18, 2007, Appellant
filed a Motion for Leave of Requirements of District Court Standing Order, Dated July 23, 2004,
Requiring Mandatory Participation in Mediation Proceedings on Appeal (the "Motion for
Leave”) [Docket No. 4]. The Motion for Leave was served upon parties in interest
contemporaneously with its tiling.
Pursuant to Rule 7.l.2(a)(2) ofthe Delaware Local Rules of Civil Practice and Procedure,
the deadline for any party to answer or otherwise respond to the Motion for Leave was May 29,
2007. No response to the Motion for Leave was filed with the Court, and Appellant did not
receive any intbrrnal responses to the Motion for Leave. Appellant respectfully requests that the
Court consider the entry of an Order granting the Motion for Leave, a copy of which is enclosed
herewith, at the Court’s earliest convenience.
Respectfully,
R. Waxman
JRW:mm
Enclosure

Case 1:07-cv—OO263—SLR Document 5 Filed 06/O1/2007 Page 2 of 2
The Honorable Sue L. Robinson
June 1, 2007
Page 2
cc: Clerk of the Court (hand delivery; w/enc.)
Christopher P. Simon, Esq.
Joel A. Waite, Esq.
Peter Ito, Esq.
Alan W. Kornberg, Esq.
Andrew Kress, Esq.
Richard L. Schepaearter, Esq.
Catherine L. Steege, Esq. q
(ali via facsimile w/enc.)

Case 1:07-cv—O0263-SLR Document 5-3 Filed 06/O1/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: )
)
ONEX AMERICAN HOLDINGS, LLC, )
)
Appellant, )
)
v. ) Civil Action No. 07-cv-263-SLR
)
RICHARD M. KIPPERMAN, )
)
Appellee. )
)

ln re: ) Chapter ll
)
MAGNATRAX CORPORATION, ) Case No. 03-l 1402 (KG)
)
Reorganized Debtor. )

ORDER EXCUSING THE PARTIES FROM THE MEDIATION REQUIREMENTS OF
DISTRICT COURT STANDING ORDER, DATED JULY 23, 2004
Upon consideration ofthe Motion (the "Motion") of Onex American Holdings, LLC for
an Order granting the above-captioned parties leave from the Order Regarding Procedures to
Govern Mediation of Appeals from the United States Bankruptcy Court for this District, dated
July 23, 2004 (the "Mediati0n Order"), with due notice having been given and all interested
parties having been given an opportunity to be heard, and based upon the record in this chapter
1 1 case, it is hereby ORDERED as follows:
1. The Motion is GRANTED.
2. The above-captioned parties are excused from the mediation requirements of the
Mediation Order.
Dated: , 2007
Sue L. Robinson
Chief] United States District Court Judge