Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-01551-JJF Document 233 Filed 05/11/2007 Page 1 of 2
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
1201 Noam Mruuur Sruzr
P.O. Box 1347
Wrnurucrou, Dzrnwnu ]9899—I3*lr7
302 658 9200
302 658 3989 Fax
Wrnum H. Sunzu., I1.
302 351 9204
302 425 was Fr;
wsuclc][email protected]
May l 1, 2007
E-FILED AND HAND DELIVERED
The Honorable Joseph J. F arnan, Jr.
United States District Court
District of Delaware
844 N. King Street
Room 4124, Lockbox 27
Wilmington, DE 19801
RE: Smnziale v. Pepper Hamilton, et al., No. 04-1551
Royal Indemnity Co. v. Pepper Hamilton LLP, et al. , No. 05-165
Dear Judge Faman:
Throughout discovery in the referenced cases, Your Honor has encouraged the
parties to bring to your attention by letter matters of urgency so that they might be promptly
resolved. I am writing on behalf of my clients, defendants Pepper Hamilton, LLP and Robert
Gagné, as an attomey in that firm, to bring a matter of great importance and urgency to Your
Honor’s attention and, because of its impact on further expert discovery and trial preparation, to
request a prompt resolution thereof
We have today filed the enclosed Motion and supporting Brief of Pepper
Hamilton LLP and Robert Gagné, in His Capacity as an Attorney Practicing at Pepper Hamilton
LLP, to Strike Expert Reports and Preclude Testimony of Douglas M. Branson, Nancy J. Moore
and Steven L. Schwarcz (the "Motion"), three experts identified by Plaintiffs, because Plaintiffs
admit that each of the experts, in preparing his or her report and reaching his or her opinions,
received and considered confidential mediation statements prepared in December 2006 by my
clients and certain other Defendants in connection with a mediation involving Plaintiffs and
those Defendants.

Case 1:04-cv-01551-JJF Document 233 Filed 05/11/2007 Page 2 of 2
The Honorable Joseph J. Farnan, Jr.
May 11, 2007
Page Two
Plaintiffs’ expert reports were served on May 7, 2007. Defendants’ expert reports
are due June 4, 2007. The issues raised by the enclosed Motion and Brief directly impact further
expert discovery and trial preparation. Therefore, we request a prompt hearing on the Motion,
either in Court or telephonically. In order to have the matter most expeditiously decided, my
clients waive their right to file a reply brief with respect to the Motion.
Respectfully Submitted,
William H. Sudell, Jr.
WHS/clh
cc: All Counsel on Attached Service List
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