Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv—00955-GIVIS Document 134 Filed 02/27/2008 Page 1 of 2
ANDERSON Kru. 8 Crick, P.C.
Attorneys and Counselors at Law
1251 AVENUE OF THE AMERICAS nr NEW YORK, NY 10020
TELEPHONE: 212~278-1000 rrr FAX: 212-27s~1*/33
vvvvw.andersonkill.com
John B. Berrlnger, Esq.
[email protected]
rm) zvs-tooo
February 27, 2008
The Honorable Gregory l\/l. Sleet
United States District Judge
U.S. District Court District ot Delaware
844 King Street
Wilirnington, Delaware 19801
Re: DVI, Inc. v. O'l·ianlon, etal.,
Civil Action No. 1:04—cv~0O955
Dear Judge Sleet:
We represent the plaintiff, Dennis J. Buckley, as Trustee of the DVi
Liquidating Trust (the "Trustee"), inthe above referenced action (the “Action"). We write
to request an extension ofthe fact discovery period here (presently scheduled to close
on March 3, 2008) until May 2, 2008 -- the close of fact discovery in tour closely related
actions. We are also writing Magistrate Judge Stark to request that the current
mediation schedule be modified in accordance with the new it/lay 2, 2008 fact discovery
deadline. As this Court is aware, we have been coordinating discovery of this action
with four other closelywelated actions pending before Judge Legrome D. Davis in the
Federal District Court for the Eastern District of Pennsylvania (the "Pennsylvania
Actions"), all ot which relate to the bankruptcy of DVI, inc. ("DVi"), and all of which are
coordinated for purposes ofdiscovery.1
Indeed, the October 31, 2007 Scheduling Order governing this action (the
"Scheduling Order," attached as Exhibit A),specities that "[a]lI tact 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."
ln conjunction with lead counsel for plaintiffs in ln re DVI, Inc. Sec. Lltig.,
E.D. Pa. 03~CV-05336 ("l.ead Counsel"), the Trustee has conducted over 35
‘ Discovery in the case of Buckley v. Clifford Chance, etal., E.D. Pa. No, 2:06~CV—1003,
which also arises out ofthe bankruptcy of DVI, was coordinated with discovery in the
other Pennsylvania Actions (ln re DVI, inc. Sec. Litig., ED. Pa. 03-CV—05336; V\/M High
Yield Fund, et al v. O’Hanlon, et al., ED. Pa. 04-CV·3423; and Fleet National Bank v.
. Michael O'l~lanIon, etal., ED. Pa. 04~CV—1277) in August of 2006.
New York ur Chicago nr Greenwich nr Newark ru Philadelphia rrr Washington, D.C.

Case 1 :04-cv—00955-GIVIS Document 134 Filed 02/27/2008 Page 2 of 2
Anderson Kitl & Olick, P.C.
The Honorable Gregory lVl. Sleet
February 27, 2008
Page 2
depositions to date, some of which are pending completion, and have noticed several
more depositions of key witnesses, including DVl’s iorrner 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 80—·day extension of the fact discovery period in ln re DVI, inc. Sec. Litlg., E.D. Pa.
03—OV-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 l\/lay 2, 2008. (A copy of Judge Davis’s
order extending discovery in the Trustees suit against Clifford Chance is attached
. hereto as Exhibit "B".)
ln consideration ofthe foregoing and the coordinated nature of discovery
in this case with the Pennsylvania Actions, the Trustee respectfully requests that the
fact discovery deadline in this Action be extended until it/lay 2, 2008. We also request
that any other deadlines delineated in the Scheduling Order be extended in accordance
with the deadlines now established inthe Pennsylvania Actions.
We appreciate Your l·lonor’s consideration of the foregoing, and are
available for a conference should Your Honor wish to discuss these maders further.
Respectfully submitted,
it me
John B. Berrlnger, Esq.
Anderson Kill & Olick
1251 Avenue 0 · ~ Americas
New ” 10020 A
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cis A. Monaco, Esq. (#2078)
_, omble Carlyle San ridge & Rice PLLC.
22 Delaware Ave e, 15"‘ Floor
Wilmington, DE 19801
Local counsel
cc: Counsel for Defendants