Free Letter - District Court of Delaware - Delaware

Case 1:O7—cv-00002-JJF Document 10 Filed O1/23/2007 Page 1 of 2
BLANKE RO/v1Ettr·
counselors AT LAW
l’/tone: (302) 425-6479
l·'r1.x‘.· (302) 425-6464
l·`muiI: [email protected]
January 23, 2007
VIA HAND DELIVERY & ELECTRONIC FILING
The Honorable Mary Pat Thynge
United States District Court for the
District of Delaware
J. Caleb Boggs Federal Bldg.
844 N. King St.
Room 6100
Lockbox 8
Wilmington, DE 19801
Re: L..L Zuccu, Inc. v. Allen Bros. Wholesale Distributors Inc., et al.
Civil Action N0. 1:07-CV-00002 gMPTi
Dear Magistrate Judge Thynge:
We represent Defendant Cooper-Booth Wholesale Company ("Cooper-Booth") in the
abovc—referenced matter and write to the Court, pursuant to Local Rule 81.2, to identify all
pending matters that require judicial action.
There is presently only one matter before the Court that requires judicial action.
Defendant Cooper-Booth has a pending Motion for Partial Judgment on the Pleadings. In that
Motion, we argue that Plaintiffs claims under the Delaware Unfair Cigarette Sales Act, 6
Del. C. §§ 2601 — 2608, are preempted by Section 1 of the Sherman Act, 15 U.S.C. § 1. There
may be additional motions once the remaining three Defendants formally enter their
appearances.
As a final matter, we bring to the Court’s attention the fact that there is related litigation
brought by L. J. Zucca, Inc. ("Zucca") pending in the Superior Court of New Jersey, Chancery
Division, Cumberland County, Docket No. C-19-06. A11 of the Defendants in this case are also
defendants in that case. Zucca had initially asserted the Delaware claims in the New Jersey
litigation, but they were dismissed on comity grounds. Merits discovery in the New Jersey
litigation, meanwhile, has been stayed while the parties litigate whether the New Jersey Unfair
Cigarette Sales Act is preempted by the Sherman Act.
Chase Manhattan Centre 1201 Market Street Suite 800 Wilmington, DE 19801
WvvW.B|ankRome.rom
MOO18'OO6O2/3O30 1 • Florida • Newlersey • New York • Ohio • Pennsylvania • Washington, DC • Hong Kong

Case 1:O7—cv-OOOO2-JJF Document 10 Filed O1/23/2007 Page 2 of 2
BLAI\l|<— ROMELLP
COUNSELORS AT LAW
The Honorable Mary Pat Thynge
January 23, 2007
Page 2
We look forward to the opportunity to meet with Your Honor at the initial case
management conference.
David . gléeppar
I . D . o . it 149 \
DKS:ka/pfc
cc: Stephen M. Orlofsky, Esquire (via inter~office mail)
Kit Applegate, Esquire (via inter-office mail)
(Co—Counsel for Defendant Cooper-Booth Wholesale Company)
Kimberly M. Large, Esquire (via electronic service)
(Counsel for Plaintiff L.] . Zucca, Inc.)
Eric Rayz, Esquire (via First—Class Mail)
(Counsel for Defendant Allen Bros. Wholesale Distributors Inc.)
Michael D. Fioretti, Esquire (via First-Class Mail)
(Counsel for Defendant Eby-Brown Company LLC)
Brian C. Wille, Esquire (via First-Class Mail)
(Counsel for Defendant Western Skier Ltd.)
1 1001800602/30307364v.1