Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-01389-JJF Document 50 Filed 05/26/2005 Page 1 of 2
Fried, Frank, Harris, Shriver & Jacobson LLP ·
One New York Plaza
New York, NY 10004-1980
Tel: 212.859.8000
Fax: 212.859.4000
www.frledfrank.com
Direct Line: 2l2.859.8004
Fax: 212.859.8585
[email protected]
May 26, 2005 Mw__"
FRI l1l J l RANK
Via Hand Delivery and Electronic Mail “mM——_-H--
The Honorable Joseph J. Farnan, Jr. I
United States District Court
844 King Street , Room 4124
Lock Box 27
Wilmington, DE 19801
Re: Magren Asset Management Corporation g"Magren"l v.
NorthWestem Corporation ("NorthWestern" ),· Civil Action No. 04-1389
{J JF QQ consolidated) (the "Appeal"l
Dear Judge Farnan:
Together with Blank Rome LLP, we are counsel for Magten, the Appellant in
the above-referenced matter. We have received your Honor’s order (the "Order") dated
May 23, 2005, setting a briefing schedule with respect to the merits ofthe Appeal,as
well as NorthWestem’s letter to your Honor requesting that the Court resolve
NorthWestem’s motion to dismiss (the "Motion to Dismiss") prior to briefing the merits
of the Appeal. Magten believes that the issues to be decided in the Motion to Dismiss
are intricately intertwined with the substantive issues to be decided in the Appeal. As
such, Magten respectfully requests that the Court consider the Motion to Dismiss at the
same time it considers the merits of the Appeal, in accordance with the Court’s Order.
In addition, Magten has contacted NorthWestem’s counsel so that the parties
may reach an agreed upon brieiing schedule. In the event we reach a consensual
brieiing schedule, the parties will submit a revised schedule to the Court in accordance
with the Order.
A Delaware Limited Liability Partnership
New York • Washington • Los Angeles • London • Paris

Case 1:04-cv-01389-JJF Document 50 Filed 05/26/2005 Page 2 of 2
Fried, Frank, Harris, Shriver & Jacobson LLP ‘
May 26, 2005
Page 2
Thank you for your consideration of this matter. If you have any questions,
counsel is available to address any issues.
Sincerely,
@5nnC@ LY
Bonnie Steingart
cc: Gary Kaplan, Esq.
Mark Packel, Esq.
Elio Battista, Esq.
David Jenkins, Esq.
Kathleen M. Miller, Esq.
Neil Glassman, Esq.
Charlene Davis, Esq.
David L. Finger, Esq.
Scott D. Cousins, Esq.
William E. Chipman, Jr., Esq.
Jesse H. Austin, III, Esq.
Steven Reisman, Esq.