Free Status Report - District Court of Delaware - Delaware

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Chief Judge Gregory M. Sleet
United States District Court
For the District of Delaware
U.S. Courthouse
844 King Street
Lockbox 19
Wilmington, DE 1980l
Re: Danny Salyer v. Allied Automotive Group
Civil Action No. 04-1326
Dear Judge Sleet:
I respectfully submit the Joint Status Report in the above captioned case. I appreciate the
Court granting permission to fax this to Chambers rather than electronically filing it.
Respectfully,
CO YE MYERS & •_’i EY
’/
LAWRENCE A. KATZ 0/
7/
LAK/dd
Enclosure
Cc: James L. McKenna, Esquire(w/enclosure via facsimile 856-354-1722)

Sm OaseOb:p40cv9%326-GMS Document 33 Filed 09/10/2007 Pipe 22pf 4Pl 2
IN TI-IE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DANNY L. SALYER and : CIVIL ACTION
VALERIE SALYER, b/w :
I4 Cassamara Road :
Newark, DE 19702 :
: N0. 04-01326 (GMS)
Plaintiits ;
vs.
ALLIED AUTOMOTIVE GROUP, INC.
160 Clairernont Avenue, Suite 600 :
Decatur, GA 30030 :
and
ALLIED SYSTEMS a/lc/a ALLIED SYSTEMS,
INC., a/k/a ALLIED SYSTEMS LIMITED :
25 Southside Industrial Parkway :
Atlanta, GA 30354 :
JOINT STATUS REPORT
The parties, by their respective counsel, respectfully report on the status of this
case.
First, the parties wish to alert the Court that this case, that has already had an
unusual procedural history, has recently become even more unusual. ‘
By way of history, this case involves an accident that occurred on January 13,
2004 at the Port of Wilmington. Mr. Salyer was a locomotive engineer operating a
Norfolk Southern train. The defendants’ truck was crossing over the track when a
collision occurred between the train and the truck. Mr. Salyer claims permanent injuries.
In approximately August 2005, Allied Bled for bankruptcy in the Northem
`District of Georgia, On January 26, 2007, the Bankruptcy Court entered a Consent Order

Sw Cyaseot) a()4{Ooy9(RM 326-GIVIS Document 33 Filed 09/10/2007 pf 4P' 3
permitting this case to proceed, but limiting recovery to insurance monies only. This
Order was sent to the Court on February 5, 2007.
In Spring 2007, Mr. James McKenna, counsel for Allied, informed me that the
lowest deductible on any of Allied’s applicable insurance policies was One Million
Dollars. Because Plaintiffs damages did not equal or exceed One Million Dollars, we
informed Mr. Saylor that there was no practical reason to continue to pursue the case.
Mr. Salyer was disappointed, but understood, and requested some time to try to find
another attorney to represent him.
On May 17, 2007, I advised the Court of these matters by letter. I also requested
time for Mr. Salyer to meet with other attorneys. I informed the Court that we would
then either file a Stipulation of Dismissal, or another attorney would enter his or her
appearance for the Plaintiff.
Mr. Sayler agreed to dismiss the ease and informed me that he had decided not to
seek other counsel. I prepared a Stipulation to Dismiss and asked him to sign it as the
Plaintiff He agreed to do so, but was extremely tardy about returning the document. Mr.
Salyer finally signed and returned the Stipulation. On August 6, 2007, I sent it to Mr.
McKenna so that he could sign it and return it to me for tiling with the Court.
This is where the story becomes more interesting. After receiving the Stipulation,
Mr. McKenna telephoned to advise that he could not in good conscience allow the
Stipulation to be tiled. He has just learned that Allied emerged from the bankruptcy.
Apparently, Allied reorganized into a new company, Reorganized Allied. He also
informed me that it is his understanding that any settlements may be paid in stock in this
new company or a combination of stock and cash.

Sep. Casa 010:04%-Oo\t—é}\R4326-GMS Document 33 Filed 09/10/2007 Pi]1ge1?2pf 4 PI 4
Mr. McKenna is in the process of obtaining more details concerning the new
company, the type and value of its stock, and how to proceed with negotiations. The
parties request another thirty (30) days for Mr. McKenna to obtain this information and to
begin the settlement process, before the Court holds a scheduling conference
Respectfully submitted,
COFFEY · " -· RS & OL
BY: / Qi
LA · ‘•’ CEAKATZ'
Local Counsel for Plaintiff
With the approval of James L. McKenn Esq.,
Counsel for the Allied defendants
COFFEY KAYE MYERS & OLLEY
718 Two Bala Plaza
Bala Cynwyd, PA 19004
610-668-9800
610-667-3352 (Fax)