Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-01389-JJF Document 49 Filed 05/25/2005 Page 1 of 2
Greenberg A
O
Traurig
William E. Chipman, Jr.
T61. 302.661.7371
Fax 302.661 .7360
[email protected]
May 24, 2005
VIA HAND-DELIVERY
The Honorable Joseph J. Farnan, Jr.
UNITED STATES DISTRICT COURT
844 King Street
Lock Box 27
Wilmington, DE 19801
ALBANY
Re: Magten Asset Management Corporation v. Northwestern AMSTERDAM
Corporation, RRLRNRR
CA 04-1389-JJF
BOCA RATON
Dear Judge Farnan: BOSTON
CHICAGO
The undersigned, along with Paul, Hastings, J anofsky & Walker LLP, are DALLAS
counsel to NorthWestern Corporation ("NorthWestem") in the above referenced
appeal. We are in receipt of Your Honor's order, dated May 23, 2005, setting a DENVER
briefing schedule on the merits of the underlying appeal (the "Order"). On March 10, FORT LAUDERDALE
2005, NorthWestern a Motion (i) to Dismiss Consolidated Appeals of Magten Asset tes ANGELES
Management Corporation; and (ii) for Leave to Submit Opening Brief which Exceeds MIAMI
40 Pages (the "Motion to Dismiss") [Docket No. 40]. Because the mediation of this
matter has concluded, No1thWestem believes that the Motion to Dismiss is no longer NEW JERSEY
stayed. No1thWestem, respectfully requests that the Court resolve the Motion to NEW YORK
Dismiss, before briefing on the underlying appeal goes forward. The Debtor believes ORANOE cO¤~rr.O=
that the Motion to Dismiss will narrow or resolve the issues to be addressed. in ORLANDO
connection with the appeal.
PHILADELPHIA
NorthWestern has also noticed that the Order requires both appellant’s EHOEW
opening brief and appellee's answering brief to be filed concurrently, within fifteen S·L·¤¤~ VALLEY
days of the date of the Order. NorthWestern believes that the Court may have meant TALLAHASSEE
the answering brief is due within fifteen days of the filing of the opening brief. To RRRONR CORNER
the extent Your Honor does not vacate the Order in favor of resolving the Motion to
Dismiss, NorthWestern requests clarification on when it's answering brief is due. WASH`NGT°N' °`°`
WEST PALM BEACH
WILMINGTON
ZURICH
Greenberg Traurig, LLPI Attorneys at Law] Brandywine Buildingl 1000 West Streetl Suite 1540 I Wilmington, DE 19801 WWW.gtI•3W.COFT1
Tel 302.661.7000I Fax $02.6617360

Case 1:04-cv-01389-JJF Document 49 Filed 05/25/2005 Page 2 of 2
The Honorable Joseph J. Faman, Jr.
May 24, 2005
Page 2
As always, counsel are available at the Court’s convenience should Your
Honor have any questions or concerns regarding the forgoing. _
espectfu y,
//5
illiam 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)
Ian 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, III, Esquire (via email and facsimile)
Scott D. Cousins, Esquire (via hand)
Greenberg Traurig, LLP