Free Stipulation to EXTEND Time - District Court of Delaware - Delaware

Case 1:07-cv-00055-SLR

Document 5

Filed 02/21/2007

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE LABORERS' WELFARE FUND OF DELAWARE LOCAL NO. 199, et al. Plaintiffs, Civil Action No. 07-CV-0055 (GMS)

DAVID W. TALLEY, GENERAL CONTRACTOR, LLC, Defendants. STIPULATION TO EXTEND TIME FOR DEFENDANT TO RESPOND TO COMPLAINT AND NOW, this 21 st day of February 2007, it is hereby stipulated and agreed between Plaintiffs' counsel and Defendant's counsel that Defendant shall have an additional 30 days -until March 22, 2007 -- to answer or otherwise respond to Plaintiffs' Complaint. The extension agreed upon between the parties is not for the purpose of undue delay but for the purpose of allowing the parties additional time to continue negotiation of settlement of this matter (See Exhibit "A"). /s/Timothy J. Snyder Timothy J. Snyder (No. 2408) YOUNG CONAWAY STARGATT & TAYLOR, LLP The Brandywine Building 1000 West Street, 17th Floor P.O. Box 391 Wilmington, DE 19899-0391 (302) 571-6645 (302) 576-3336 (fax) Attorneys for Plaintiffs SO ORDERED this __ day of

/s/Neal J. Levitskv Neal J. Levitsky (No. 2092) Seth A. Niederman (No. 4588) FOX ROTHSCHILD LLP Citizens Bank Center 919 North Market Street Suite 1300, 13th Floor Wilmington, DE 19801-2323 (302) 622-4200 (302) 656-8920 (fax) Attorneys for Defendant ,2007.

The Honorable Gregory M. Sleet

WM1A 94292vl 02/21/07

02/20/2007 17:21 FAX

2157900688 Case 1:07-cv-00055-SLR

HARKOWITZ & Document 5-2 RICHHAN 02/21/2007 Filed

~002/003 Page 1 of 2

LAW OFFICES

MARKOWlTZ ~ RICHMAN
I100 NORTH AMERICAN BUILDING RICHARD ~EPMEN C, RICHHAN * PAU I.~ R. OUIN"rE5 D. TA~UOLI diDNATHAN WALTER = ANTHONY C. BUSILLO II THOMAS H. KONN RI.WH ~iKOGI.UND R. MATTHEV/ PI~'TIGRi~'W, JR.** PETER H. DEMKOVf'I~ + MA'~'H~'W O, AREHAN + I~.| SOUTH BROAD 5TRIVET PHILADE[LPHIA, PI[NN~,YLVANIA I ¯ 107 ALL~hWOWN OFFICE SUITE ~'00 COMMONWEALTH 6LD~. 5 I ~ ~I~N ~ ~WN, ~ I~fOl-l~O~ (~10) ~1

WWW. MARKOWI'r'z.AN DR ICH MAN ,COM DIRECT DIAL

215-875-3121 February 20, 2007
NL=W "f~RK OmCE BEIO "II-IIRD AVENUE NiNTI-I FI.00R NEW YORK, hl~ I (i~ li~) 7~i~-6761

VIA TELEFAX (215) 299-2150 AND U. S. MAIL Ryan Fleming, Esquire Fox, Rothschild LLP 10~h Floor 2000 Market Street Philadelphia, PA 19103 B26-199-129 Laborers Local 199 Benefit Funds of Delaware, Inc., et aL v. David W. Talley General Contractor LLC. Case No. 07-cv-0055 (U. S. District Court for the District of Delaware) Dear Mr. Fleming: As your files will reflect,, this office is co-counsel to the Plaintiffs, the Laborers Local 199 Benefit Funds of Delaware, In¢, ["Funds'], et al, in the above matter. This letter should serve as a follow-up to our recent telephone conversations in which I advised you that the above matter would be withdrawn if your client, the Defendant David W. Talley General Contractor LLC, ["DWT"] were to supply Haggerty & Haggerty, P. A., the accounting firm selected by the Funds to audit DWT's books and records for calendar years 2004 and 2005 with purchase orders and invoices for the time period in question. Once the audit is completed, of course, DWT will be provided the results thereof and the ability to challenge any findings made by Haggerty & Haggerty. As you are no doubt aware, the Complaint also sought to compel the Defendant to "pay any monies determined due and owing" the Plaintiffs. Obviously, in the case of any dismissal of the Complaint, the Plaintiffs would insist on keeping open the ability to bring suit for monies that the audit determined would be owed that DWT refuses to pay.

02/20/2007 17"22 FAX

2157900BB8 Case 1:07-cv-00055-SLR

MARKO~ITZ & Document 5-2

RICHMAN

Filed 02/21/2007

Page 2 of~003/003 2

MARKOWITZ & RICHMAN

February20,2007 Page Two In the interim, I believe my Co-Counsel, Timothy Snyder, has been in contact with you about stipulating to an extension of time in which the Defendant could answer or otherwise respond to the Complaint, assuming we are unable to formalize a settlement. I would anticipate getting a stipulation of settlement to you by this Monday, February 26, 2007. If you have any questions concerning this matter, please feel free to contact me. Very truly yours,

JONATHAN WALTERS JW/ld Timothy Snyder, Esquire (via telefax)