Free Order Setting Teleconference - District Court of Delaware - Delaware

Case 1:04-cv-01268-***-MPT Document 64 Filed 06/14/2005 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: : Chapter 11
THE IT GROUP, INC., etal., Case No. 02-10118 (IVIFW)
: Jointly Administered
Debtors. :
IT LITIGATION TRUST,
Plaintiff, Z
v. Civil Action No. 04-1268-KAJ
DANIEL A. D'ANlELLO, etal.,
Defendants.
%D§B.
At Wilmington this 14“‘ day of June, 2005.
A telephonic conference was held in the above captioned matter and
related matters Thomas L. Payne, et al. v. Anthony J. DeLuca, etal., U. S. District
Court, West District of Pennsylvania, Case No. 02-1927; Howard G. Clair, et al. v.
Anthony J. DeLuca, etal., U.S. District Court, Western District of Pennsylvania, Case
No. 0288; Staro Asset Management, LLC v. Anthony J. DeLuca, et al., U.S. District
Court, Western District of Pennsylvania, Cawe No. 02-0886; and Highland Capital
Mgmt, L.P., et al. v. TC Group, et al., Delaware Superior Ct. No. 04C-06-068-RRC with
counsel on behalf of the parties in attendance. The purpose of the teleconference was
to determine the initial interest in mediating some or all of these matters, particularly

Case 1:04-cv-01268-***-MPT Document 64 Filed 06/14/2005 Page 2 of 3
since the defendants are the same in each case. Another related case, Federal
Insurance Company v. Dbtilniello, U.S. District Court, Western District of Pennsylvania,
Case No. 05-0305, counsel for plaintiffs was not in attendance. Since that matter
involves a declaratory judgment action by insurers of defendants inthe other cases, the
court determined that that counsel's participation should occur as well.
As a result of the discussions with counsel during the telephonic
conference,
IT IS ORDERED that:
1. A telephonic conference is scheduled for Monday, September 26,
2005 at 5:00 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 ofthe various matters and how that affects a
global mediation. Counsel for plaintiffs inthe related cases and counsel for defendants
shall advise plaintiffs counsel in the IT Litigation Trust matter no later than Thursday,
September 22, 2005, who on behalf of their respective clients, will be participating in
the September 25, 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. During the June 13, 2005 teleconference, the court provided its fax
number and email address. That information may be conveyed to counsel for plaintiffs
in the Federal Insurance Company matter.
3. Since the related cases involve matters in otherjurisdictions, Richard
Wayne, Esquire shall provide a list of the names, addresses, telephone numbers, fax

Case 1:04-cv-01268-***-MPT Document 64 Filed 06/14/2005 Page 3 of 3
numbers and, if possible, the email addresses of counsel involved in the related cases
and whom they represent in each case to the Magistrate Judge. In addition, he shall
provide a copy of this Order to counsel in the related cases, including plaintiffs counsel
in the Federal Insurance Company matter.
4. Plaintiffs counsel inthe related matters, except the Federal Insurance
Company matter, shall provide a summary of the present status of their case, including
the status of any motions to dismiss or case dispositive motions and a brief outline of
the legal issues to the Magistrate Judge with copies to all counsel in all cases on or
before Monday, June 27, 2005. Counsel for the Carlyle Group (Latham & Watkins)
shall provide a similar summary in the Federal Insurance Company matter on the same
date.
5. No communication with the Magistrate Judge shall be efiled in this
court or any court. Communication shall be by telephone, email or fax. Any
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.
• i JUDGE