Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01415-JJF Document 12 Filed 07/18/2005 Page 1 of 1
HARVEY • PENNINGTON LTD.
ATTORNEYS AT LAW
913 Market Street
James E. Huggett Suite 702
Direct Dial: 302-251-1125 Wilmington, DE 19801
E-maiI:[email protected] (302) 428-0719
Fax (302) 428-0734
WWW.h8!'Vp€I1f`I.COm
July 18, 2005
The Honorable Joseph J. Faman, Jr. _
_ US District Court
District of Delaware
844 North King Street
Lock Box 27
V Wilmington, DE 19801
Re: American Classic Voyages Co. _
[Chapter 11 Case no. 01-10954 (LHK)]
American Classic Voyages C0., g Q, Debtors, by through Paul
Gunther, Plan Administrator v. Westaff (USA), Inc.
[Adv. Pro. N0. 03-56886 (PBL)] [C.A. No. 1:04-cv- 01415 (JJE] °
Appeal Dismissal
Dear Judge Farnan:
We represent the Appellant in the above-noted appeal. After review and consideration,
the Appellant has decided to dismiss the appeal and proceed to trial on the merits of the
underlying litigation. We will provide the Appellee with a proposed Stzpulation of Dismissal
shortly and, assuming it is executed, file it with the Court as soon as possible thereafter. In the
meantime, as same will obviate the need for the Court to expend further time or resources on the
appeal, I thought this courtesy letter to Your Honor would be appropriate. A
We thank the Court for its time and attention. If the Court has any questions or concems,
I am always available.
R pectfully yours,
jms E. Huggett
Cc: Joe Bodnar (via first class mail)
‘ Michael Thorpe (via first class mail)
JEH/drm
DE: 715484