Free Letter - District Court of Delaware - Delaware

` Case 1:04-cv-01389-JJF Document 51 Filed 05/27/2005 Page 1 of 2
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May 26, 2005 T
VIA HAND-DELIVERY
The Honorable Joseph J. Farnan, Jr.
Unrreo Srares Disrarcr Couar
844 King Street
Lock Box 27
Wilmington, DE 19801
Re: Magten Asset Management Corporation v. Northwestern 1 P
c0rp0i·aa0n, CA 04-1389-JJF 1
Dear Judge Farnan: .5
As Your Honor is aware, the tmdersigned, along with Paul, Hastings, Janofsky i
& Walker LLP, are counsel to NorthWestern Corporation (“NorthWestern") in the
above referenced appeal. We are in receipt of counsel for Magten Asset Management
Corporation's ("Magten") May 26 letter to Your Honor. NorthWestern respectfully
disagrees with Magten's conclusion that the issues to be decided in the motion to _g
dismiss are intricately intertwined with the substantive issues to be decided on appeal.
The motion to dismiss is based upon equitable mootness. NorthWestern believes that ii ```i` `
briefing on the substantive issues is unnecessary, pending the Court's decision on
whether the appeal is equitably moot. Accordingly, the Court should set a briefing
schedule on the motion to dismiss and not on the substantive appeal. _· Q
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4 ' Case 1:04-cv-01389-JJF Document 51 Filed 05/27/2005 Page 2 of 2
Judge Farnan
May 26, 2005
Page 2
Additionally, NonhWestem is working with Magten's counsel on a revised
briefing schedule and will submit a revised schedule to the Court once it is finalized.
If the Court believes it would be helpful to discuss the briefing schedule and which
issues are to be briefed, counsel are available at the C0urt’s convenience.
Re ectfully,
/
W` iam E. Chipman, Jr.
cc: Bonnie Steingarten, Esquire (via email and facsimile)
Mark S. Kenney, Esquire (via email and facsimile)
Kathleen M. Miller, Esquire (via email and facsimile)
Charlene D. Davis, Esquire (via email and facsimile)
lan Connor Bifferato, Esquire (via email and facsimile)
Elio Battista, Jr., Esquire (via email and facsimile)
David L. Finger, Esquire (via email and facsimile)
Jesse H. Austin, lll, Esquire (via email and facsimile)
Scott D. Cousins, Esquire (via hand)