Free Letter - District Court of Delaware - Delaware

Case 1 :07-cv-00212-JJF Document 4 Filed 05/31 /2007 Page 1 of 2
Potter _ _ _
E Ar1d€YSOH Iirnrggfe Selber Silverstein
L LLP Attomey at Law
[email protected]
302 984-6033 Direct Phone
1313 North lV1arkerStreer 302 653-1 192 Fax
PO. Box 951
\lVrlmington. DE l9899-095l
302 984 6000
\’V\VW'.p0tt(!I'8Il(1(5I‘S()Il.(Y{)IIl May 3 1 , 2 0
By Hand
The Honorable Joseph J. Faman, Jr.
United States District Court for the District of Delaware
844 King Street
Lock Box 27
Wilmington, DE 19801
Re: The Bank of New York as Indenture Trustee v. F oamex International, Inc.
et al. C.A. 07-212
Dear Judge Farnarr:
I represent The Bank of New York, as Indenture Trustee, appellant in the above-
referenced appeal from the United States Bankruptcy Court for the District of Delaware
("Bankruptcy Court"). I write to request that the parties to this appeal be excused from
complying with this Court’s standing order, In re: Procedures to Govern Mediation of Appeals
from the United States Bankruptcy Court for this District, issued on July 23, 2004.
This appeal involves a single legal issue of contract interpretation. The Bankruptcy Court
made its decision based on the papers submitted by the parties and oral argument by counsel; no
evidence was submitted to the court below. For this reason, and because the parties attempted to
resolve this matter prior to litigating the issue in the Bankruptcy Court, The Bank of New York
does not believe that mediation will assist in resolving the dispute between the parties.
We have conferred with appellees, represented by Young Conaway Stargatt & Taylor,
LLP, who concur with the request made in this letter. Indeed, both parties expressed this
position to Mr. Stratton, the Court—appointed mediator. Mr. Stratton agreed to hold in abeyance
the scheduling of a mediation session so that the parties could make this request of the Court.

Case 1:07-cv-00212-JJF Document 4 Filed 05/31/2007 Page 2 of 2
The Honorable Joseph J. Faman, Jr.
May 31, 2007
Page 2
Should the Court look favorably upon this request, I have enclosed a proposed form of
order granting the relief sought by the parties. Of course, both Ms. Morgan and I are available at
the Court’s convenience to answer any questions the Court may have.
Respectfully,
'J ,.7 4
./* j . ./·i’
/ xs , ,_ ,, . . . 1 `
Laurie Selber Silverstein
LSS/cmb
Enclosure (form of order)
cc: David B. Stratton, Esq. (by hand) (w/encl.)
Pauline K. Morgan, Esq. (by hand) (w/encl.)
Glenn E. Siegel, Esq. (by email) (w/encl.)
Pac#796974

Case 1 :07-cv-00212-JJF Document 4-2 Filed 05/31 /2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
------------------------————·—·—---—--—-——-————--—-———— -· ——------ X
In re: ) Chapter ll
)
FOAMEX INTERNATIONAL INC. ) Case No. 05-12685 (KG)
)
Reorganized Debtor. )
---------------------------------------------------------------- X
)
THE BANK OF NEW YORK, AS INDENTURE ) Civil Action No. 07-212 (JJ F)
TRUSTEE, )
)
Appellant, )
)
v. )
)
FOAMEX INTERNATIONAL INC. )
)
Appellee. )
)
---------------------—-—-——-----——-----------------------------— X
ORDER (I) EXCUSING THE PARTIES FROM THE MEDIATION
REQUIREMENTS OF THIS COURT’S JULY 23, 2004 STANDING
ORDER, AND (II) ESTABLISHING A BRIEFING SCHEDULE
Upon consideration of the joint request of the above-captioned appellant (the
"Appellant") and appellee (the "Appellee") to be excused from the mediation requirements of
this Court’s July 23, 2006 standing order and to establish a briefing schedule in this appeal; IT IS
HEREBY ORDERED this day of , 2007, that:
1. The parties are excused from the mediation requirements of this Court’s
July 23, 2004 standing order.
2. In accordance with Rule 8009(a)( 1) of the Federal Rules of Bankruptcy
Procedure (the "Bankmptcy Rules"), the Appellant’s opening brief (the "Appellant’s Brief ’)
shall be due within fifteen days aher entry of this order.
1>B02;s9949ss.1 O64397.l00l

Case 1 :07-cv-00212-JJF Document 4-2 Filed 05/31/2007 Page 2 of 2
3. In accordance with Bankruptcy Rule 8009(a)(2), the Appellee’s answering
brief (the "Appel1ee’s Brief’) shall be due within fifteen days after service of the Appellant’s
Brief
4. In accordance with Bankruptcy Rule 8009(a)(3), the Appellant’s reply
brief shall be due within ten days after service of the Appellee’s Brief.
5. Entry of this order shall be without prejudice to the right of the Appellant
or the Appellee to seek an extension of the deadlines set forth herein.
Dated: , 2007
Wilmington, Delaware Joseph J. Farnan
United States District Judge
oBo2;s9949ss.1 2 064397.100l