Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01551-JJF Document 280-9 Filed 06/29/2007 Page1 of 2
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ATTORNEYSAT LAW 215.751.2000 FAX 215.751.22OS schnadencom
February 12, 2007 ·
David M. Pelletier
Direct Dial 215-751-2412
Direct Fax 215-751-2205 ·
E-mail; [email protected]
VIA HAND DELIVERY
The Honorable Charles S. Haight
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St., Room 1940
New York, NY 10007 h
Re: Stanziale v. Pepper Hamilton LLP, et al.; Misc. No. M8-85
Dear Judge Hai ght:
l Currently pending before Your Honor is Pepper Hamilton’s Motion to Compel A
the production of a copy of a computer server in the possession of Mandiant Corporation, a third
party located in New York. As Your Honor may recall, Pepper issued a subpoena from the l
· Southem District of New York to Mandiant seeking the production of the server. When
Mandiant refused to comply with the subpoena, Pepper moved to compel production of the
server. The plaintiffs in the two underlying actions pending in the District of Delaware, Royal
Indemnity and Charles Stanziale, Jr., as the Chapter 7 Trustee of Student Finance Corporation,
opposed the production of a copy of the server unless Pepper agreed to pay for the Trustee’s
review of the server for potentially privileged documents.
On January 18, 2007, Your Honor heard oral argument on Pepper’s Motion to
Compel. At that hearing, one of the arguments put forth by Royal and the Trustee in opposition b _
was that this matter should be detennined by The Honorable Joseph J. Faman, Jr., the judge .
handling the underlying actions in Delaware. At a discovery conference before Judge Farnan on .
February 7, 2007, counsel for Pepper raised the issue of its pending Motion to Compel before
Your Honor. Judge Faman indicated that he would await a determination by Your Honor before
addressing the matter. .
Please feel free to contact me with any questions you may have.
Respectfully submitted, _
<,”@ t i
David M. Pelletier 1 ‘
For SCHNADER HARRISON SEGAL & LEWIS LLP
cc: All counsel via email . A
Schnader Harrison Segal &Lewis tw PHDATAMZZSIOI I
NEW YORK PENNSYLVANIA CALIFORNIA WASHINGTON. DC NEW JERSEY DELAWARE Y >