Free Order - District Court of Delaware - Delaware

Case 1:04-cv-01268-***-MPT Document 70 Filed 09/27/2005 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: : Chapter 11
THE IT GROUP, INC., et al., Case No. 02-10118 (MFW)
: Jointly Administered
Debtors. :
IT LITIGATION TRUST,
Plaintiff, Z
v. Civil Action No. 04-1288-KAJ
DANIEL A. D’ANlELLO, et al.,
Defendants.
QBQQ
At Wilmington this 27“‘ day of September, 2005.
A telephonic conference was held in the above captioned matter and
related matters Thomas L. Payne, etal. v. Anthony J. DeLuca, etal., U. S. District
Court, West District of Pennsylvania, C.A. No. 02-1927; Howard G. Clair, etal. v.
Anthony J. DeLuca, etal., U.S. District Court, Western District of Pennsylvania, C.A.
No. 0288; Staro Asset Management, LLC v. Anthony J. DeLuca, etal., U.S. District
Court, Western District of Pennsylvania, C.A. No. 02-0886; Highland Capital Mgmt,
L.P., etal. v. TC Group, etal., Delaware Superior Ct. No. 04C-06-068-RRC; Highland
Capital Mgtm., L.P., at al, v. Ernst 8. Young, et al., Dis. Ct. Tx, C. A. No. O3-04530; and
Federal Insurance Co. v. Diélnietlo, U.S. District Court, Western District of PA, C. A. No.

Case 1:04-cv-01268-***-MPT Document 70 Filed 09/27/2005 Page 2 of 3
05-0305 with counsel on behalf of the parties in attendance. The purpose of the
teleconference was to determine the interest in mediating some or all of these matters,
particularly since the defendants are the same in each case. As a result of discussions
with counsel and due to the procedural status of the various cases, involving pending
motions to dismiss, it was clear that scheduling mediation in some or all of the matters
is presently premature.
As a result of the discussions with counsel during the telephonic
conference,
IT IS ORDERED that:
1. A telephonic conference is scheduled for Wednesday, December 14,
2005 at 5:15 p.m. EST. Counsel for plaintiff in the IT Litigation Trust matter shall
initiate this teleconference. The purpose of the teleconference is to update the
Magistrate Judge regarding the status of the various matters and how that affects a
global mediation. Counsel for plaintiffs in the related cases and counsel for defendants
shall advise plaintiffs counsel in the IT Litigation Trust matter no later than Friday,
December 9, 2005, who on behalf of their respective clients, will be participating in the
December 14, 2005 teleconference. Plaintiffs counsel in the IT Litigation Trust matter
shall fax or email the Magistrate Judge a list of the participants prior to the scheduled
teleconference.
2. Since the related cases involve matters in otherjurisdictions, Richard
Wayne, Esquire shall provide a copy of this Order to counsel in the related cases.
3. No communication with the Magistrate Judge shall be efiled in this
court or any court. Communication shall be by telephone, email or fax. Any

Case 1:04-cv-01268-***-MPT Document 70 Filed O9/27/2005 Page 3 of 3
communication sent by fax need not be followed by an original.
Local counsel are reminded of their obligations to inform out-of-state
counsel of this Order. To avoid the imposition of sanctions, counsel shall advise the
Court immediately of any problems regarding compliance with this Order.

UNITED TATES MAGIS Qi JUDGE