Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv—00955-GIVIS Document 135 Filed 02/27/2008 Page 1 of 3
ANDERSON Katt 8 Duck, P.C.
Attorneys and Counselors at Law
1251 AVENUE OF THE AMERICAS an NEW YORK, NY 10020
TELEPHONE: 212-278-1000 in FAX: 212-2784703
wwvv.andersonk1ll.com
John B. Berringer, Esq.
jberringer@anderscnkillcom
(212) zvsiooo
February 27, 2008
The Honorable Leonard P. Stark
1 United States Magistrate Judge
U.S. District Court District of Delaware
844 King Street
Wilimington, Delaware 19801 ‘
Re: DVl, inc. v. O’l~lanlon, etal.,
Civil Action N0. 1:04-cv—0O955
Dear Judge Stark:
We represent the plaintiff, Dennis J. Buckley, as Trustee ofthe DVI
Liquidating Trust (the "Trustee"), in the above referenced action (the "Action"). We write
to request modifications tothe current mediation schedule governing this action since
the close of fact discovery in four closely related actions has been extended to May 2, `
2008. We are also writing Judge Sleet to request an extension of the close of fact
discovery in this action (presently set to close on March 3, 2008) until May 2, 2008. We
have been coordinating discovery of this action with four other close|y—related actions
pending before Judge Legrome D. Davis inthe Federal District Court for the Eastern
District of Pennsylvania (the "Pennsylvania Actions"), all of which relate to the
bankruptcy of DVI, inc. ("DVl"), and all of which are coordinated for purposes of
discovery.1
indeed, the October 31, 2007 Scheduling Order governing this action (the
“Scheduling Order," attached as Exhibit A),specifles that "[a]ll fact discovery in this case
· shall be coordinated with, and subject to the discovery limitations imposed by the Case
Management Orders that were entered on July 17, 2007 in each of the Pennsylvania
Actions."
1 Discovery in the case of Buckley v. Clifford Chance, etal., ED. Pa. No. 2:06-CV-1 008,
which also arises out of the bankruptcy of DVl, was coordinated with discovery in the
other Pennsylvania Actions (ln re DVl, inc. Sec. Litig., ED. Pa. 03~CV—05336; WM High
Yield Fund, et al v. O’l—lanIon, etal., E.D. Pa. 04-CV-3423; and Fleet National Bank v.
Michael O’Hanlon, etal., ED. Pa. 04—CV~1277) in August of 2006.
New York in Chicago l Greenwich ¤ Newark nn Philadelphia in Washington, D.C.

Case 1 :04-cv—00955-GMS Document 135 Filed 02/27/2008 Page 2 of 3
Anderson Kill & Olick, P.C.
The Honorable Leonard P. Stark
February 27, 2008 ~
Page 2
in conjunction with lead counsel for plaintiffs in in re DVl, inc. Sec. Litig.,
ED. Pa. 03—CV—05336 ("Lead Counsel"), the Trustee has conducted over 35
depositions to date, some of which are pending completion, and have noticed several
more depositions of key witnesses, including lTJVl’s former CFO, who is incarcerated at
the federal detention facility in Fort Dix, New Jersey, and the companys Chief
Accounting Officer.
For these reasons and others, Lead Counsel moved before Judge Davis
for a 60—day extension of the fact discovery period in ln re D\/l, inc. Sec. Litig., ED. Pa.
03—CV»05336, and the Trustee joined that motion with respect to its action against
Clifford Chance also pending before Judge Davis inthe Eastern District of
Pennsylvania. By orders dated February 19, 2008, Judge Davis extended fact
discovery in the Pennsylvania Actions until May 2, 2008. (A copy of Judge Davis’s
order extending discovery inthe Trustee's suit against Clifford Chance is attached
hereto as Exhibit "B".)
in consideration of the foregoing and the coordinated nature of discovery
in this case with the Pennsylvania Actions, the Trustee respectfully requests that the
mediation schedule currently governed by the Amended Order Governing Mediation
(the "Amended Order," attached as Exhibit C) be modified in accordance with the new
May 2, 2008 fact discovery deadline established in the Pennsylvania Actions.
Specifically, we request that the mediation 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 28 and 27, 2008) be
postponed until May 28 and 29, 2008.

Case 1 :04-cv—00955-GIVIS Document 135 Filed 02/27/2008 Page 3 of 3
Anderson Kill & Olick, P.C.
The Honorable Leonard P. Stark
February 27, 2008
Page 3
We appreciate Your l—lonor’s consideration of the foregoing, and are
available for a conference should Your Honor wish to discuss these matters further.
Respectfully submitted,
M
Y} M ll
John B. Berringer, Esq.
Anderson Kill & Olick
1251 Avenue ofthe Americas
. New York, NY 10020
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Local counsel
cc: Counsel for Defendants