Free Letter - District Court of Delaware - Delaware

Case 1:07-cv—00019-Gl\/IS Document 6 Filed 01/17/2007 Page 1 of 1
M '
OITIS JHHICS LLP
January 16, 2007
Carl N. Kunz, lll
302.888.68ll
[email protected]
U.S. District Court for the District of Delaware
Peter T. Dalleo
Clerk of Court
844 N. King Street, Room 4209
Lock Box 18
Wilmington, DE 19801
Re: In re SAC Acquisition, LLC v. L0veSac Liquidating Trust;
C.A. N0. 07-19
Dear Mr. Dalleo:
I represent Sac Acquisition LLC, the appellant in the above-captioned appeal.
This afternoon, we filed a stipulated agreement with the Appellee agreeing to dismiss the
appeal, with prejudice.
VVhile the parties have agreed to a dismissal with prejudice, pursuant to Fed. R.
Bankr. Pro. 8001(c)(2), the order officially dismissing the appeal can be entered by the
Clerk of the Court. We are requesting, on behalf of both parties to the appeal, that the
Clerk enter the dismissal order as soon as possible.
The appeal is being dismissed as part of a stipulated settlement reached in the
Bankruptcy Court between various parties, including the parties to the appeal. The
settlement in the Bankruptcy Court will not be final, and the Bankruptcy Court will not
sign the order approving the settlement, unless and until the appeal is dismissed. Thus,
we respectfully request that the Clerk of the Court expedite entry of the Order dismissing
the appeal so that the Bankruptcy Court can enter the order approving the settlement.
The Bankruptcy Court, The Honorable Christopher S. Sontchi, is awaiting word from my
office that the appeal has been officially dismissed prior to entering the approval order.
Thank you for your kind consideration of our request.
Carl N. Kunz, IH
CNK/cxl
cc: Richard M. Beck, Esq.
Robert G. Sanker, Esq.
1507%% Delaware Avenue, Suite 1500 | Wilmington, DE 19801-1494 T 302.888.68OO F 302.571.175O
Mailing Address P.O. Box 2306 | Wilmington, DE 19899-2306 www.morrisjames.com

Case 1 :07-cv-00019-GIVIS Document 6-2 Filed 01/17/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: LoveSac Corporation )
)
SAC Acquisition LLC, )
‘ )
Appellant, ) C.A. No. 07-19
A )
v. )
)
LoveSac Liquidating Trust, )
) Banlcr. Case No. 06-10080
Appellee. ) AP 06-79
AFFIDAVIT OF WILLIAM WELLER, PARALEGAL
STATE OF DELAWARE ;
: SS:
NEW CASTLE COUNTY :
I, William Weller, certify that I am, and at all times during the service, have been an employee of
Morris James LLP, not less than 18 years of age and not a party to the matter concerning which service
was made. I certify further that on January 17, 2007, I caused to be served:
LETTER TO THE COURT
[REGARDING FILING OF
AGREEMENT AND REQUEST TO DISMISS
APPEAL PURSUANT TO FED. R. BANKR. P. 8001(clg2)]
Service was completed upon parties on the attached list in the manner indicated thereon.
Date: January 17, 2007 ,
/éil iam Weller
SWORN AND SUBSCRIBED before me this 17"‘ day of January, 2007 , , .
NOTARY i A
My commission expires: _ >
CASSANDRA D. LEWIGKI ll
Notary Public - State of Delaware
My Comm. Expires Dec. 1, 2008
WWW/111968-0001/1507946/1 1/16/2007

Case 1:O7—cv-00019-GI\/IS Document 6-2 Filed O1/17/2007 Page 2 of 2
VIA HAND DELIVERY
Joanne B. Wills, Esq.
Richard M. Beck, Esq.
Christopher A. Ward, Esq.
Klehr, Harrison, Harvey, Branzburg & Ellers, LLP
919 Market Street, Suite 1000
Wilmington, DE 19801
[Counsel to the LoveSac Liquidating Trust]
WWW/111968-0001/1507946/1 1/16/2007