Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv—00955-GIVIS Document 136 Filed 03/07/2008 Page 1 of 2
ANDERSON Kru. & Ouck, RC.
Attorneys and Counselors at Law
1251 AVENUE OF THE Alvli-.$RlCAs an NEW YORK, NY 10020
TELEPHONE; 212—27s-1000 in FAX: 212-278-1733
www.andersonkill.ccm
Amy L. Francisco, Esq.
[email protected]
(212) 2784155
March 7, 2008
The Honorable Leonard P. Stark
United States Magistrate Judge
U.S. District Court District of Delaware
844 King Street
Wilirnington, Delaware 19801
Re: DVI, Inc. v. O’l~ianlon, et al.,
Civil Action Nc. 1:04-cv—0O955
Dear Judge Stark:
As you know, we represent the plaintiff, Dennis J. Buckley, as Trustee of
the DVI Liquidating Trust (the "Trustee"), in the above referenced action (the "Action").
We write with regards to the request made by counsel for several of the defendants that
their respective clients participate in the mediation via telephone, rather than in person.
To the extent that a particular defendant has serious health or family
issues that would make in—person attendance overly burdensome, the Trustee has no
objection to that defendant’s participation via telephone, provided that such defendants
will be readily available during the mediation to consider, and make decisions with
regards to a potential settlement. Specificatly, at this time, we have no objections to the
requests set forth by counsel for lVlr. Turek and l\/lr. Roberts to participate via telephone
subject to the condition previously stated. Given it/lr. Garfinkets incarceration, we also
have no objection to his participation via telephone.
As to the other defendants, we request in—person attendance of those not
facing serious health or family issues. We are willing to accommodate lVlr. lVIiller's
schedule, and are available for the weeks of it/lay 12, May 19, and June 2 for the
New York l Chicago nu Greenwich nr Newark l Philadelphia u Washington, D.C.

Case 1 :04-cv—00955-GIVIS Document 136 Filed 03/07/2008 Page 2 of 2
Anderson Kill & Olick, P.C.
The Honorable Leonard P. Stark
March 7, 2008
Page 2
mediation conferences. However, given the schedule previously proposedz, we would
prefer proceeding the week of May 19.
Additionally, per the request of Mr. O’I-lanlon's counsel, we are informing
this Coun and defendants that the Trustee has only settled this action with respect to
Mr. Goldberg, Mr. Shapiro and Mr. McHugh.
We appreciate Your Honors consideration of the foregoing, and are
available for a conference should Your Honor wish to discuss these matters further.
Respectfully submitted,
_. -I V,.4
#3/ ( T , Q
Ai y L Francisco, Esq.
Anderson Kill & Olick
1251 Avenue ofthe Americas
New York, NY 10020
55/ @@0;,4Q A gamer,
F an s A. Monaco, Jr., Esq. (#2 78)
Womble Carlyle Sandridge 8; Rice PLLC.
. 222 Delaware Avenue, 15*** Floor
Wilmington, DE 19801
Local counsel
cc: Counsel for Defendants
zi in our previous letter to thistiourt dated February 27, 2008 we requested that the mediation I
teleconference (currently scheduled for March 4, 2008) be postponed until May 5, 2008; that the deadline
for submission of mediation statements (presently March 12, 2008) be moved to May 13, 2008; and that
the mediation conferences (currently scheduled for March 26 and 27, 2008) be postponed until May 28
and 29, 2008.