Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00174—G|\/IS Document 9 Filed 05/18/2007 Page 1 of 2
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A FROFE5Si0NAL ASSOCEATFON
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SEO Noraru KING Smear
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May 18, 2007
VIA HAND DELIVERY
The I-Ionorable Gregory M. Sleet
United States District Court
for the District of Delaware
844 King Street
Wilmington, DE 19801
Re: Alexander Fabrics, LLLP v Ro/cr: Apparel Products, LLC.
C.A. No. 07-174-GMS
Dear Judge Sleet:
We write pursuant to the Courts practices and procedures as set forth on the Court's
website to outline the reasons for the relief sought in the Stipuiation and Order filed with the
Court in the above·—referenced action on May 16, 2007 (the "Stipulation").
On March 26, 2007, Plaintiff Alexander Fabrics LLLP ("Plaintiff"') commenced the
present action. On April 30, 2007, Defendant filed a complaint in the Circuit Court, Fourth
Judicial Circuit, in and for, Duval County Florida relating to the same dispute (the "Florida
Action"). On May 4, 2007, Defendant filed a Motion to Disrniss for Lack of Jurisdiction Over
the Subject Matter (D.I. 5) and an opening brief in support thereof. Per the stipulation filed on
May 16, 2007, the parties agreed, subject to the approval of the Court, to extend the time in
which Plaintiff shall file an answering briefthrough and including June l, 2007.
The extension was requested for a couple of reasons. The attorney assigned to the above··
referenced action resigned on or about the day before Defendant's opening brief was filed.
Another attorney who had been involved with the case was on vacation at the time of the
resignation. in addition, Plaintiff needs the extended time to respond to certain arguments raised
in the brief. By way of example, among other issues, Plaintiff will address the propriety ofthe
Florida Action —— an undertaking that necessitates additional investigation by Plaintiff. Given the
arguments raised by Defendant, Plaintiff must also investigate what, if any, contacts Plaintiff has
with the State oflllorida before filing an answering brief and supporting affidavits if necessary.
For each of these reasons, Plaintiff respectfully requests that the Court enter the
Stipulation as an order of the Court and extend the time in which Defendant shali file an
answering brief through and including June l, 2007. Conternporaneously with the tiling of this
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Case 1:07-cv-00174—Gl\/IS Document 9 Filed 05/18/2007 Page 2 of 2
The Honorable Gregory M. Sleet
May 18, 2007
Page 2
letter, Plaintiff is re—tiling the Stipulation. We apologize for any inconvenience the original
tiling of the Stipulation may have caused the Court.
Of course, if Your Honor should have any questions or concerns, undersigned counsel
remains available at the Court‘s convenience.
Respectfully,
/s/' Steven J Firzemcm (#4025)
Steven J. Fineman (#4025)
SJF/lll
Enclosure
cc: John C. Phillips, Jr., Esquire (By Hand Delivery)
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