Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00931-GMS

Document 18

Filed 06/23/2006

Page 1 of 1
TEL 302 425 0430 FAX 302 425 0432 www.eckertseamans.com

& Mellott, LLC 300 Delaware Avenue, Su~te 1360 Wilmington, DE 19801
Eckert Seamans Cherin

Tara L.Lattomus (302)425-0430 [email protected]

June 22,2006 Via Hand Delivery The Honorable Gregory M. Sleet U.S. District Court for the District of Delaware 844 North King Street Lockbox 19 Wilmington, DE 19801 Re: Dear Judge Sleet:
I am in receipt of Mr. Fountain's letter to Your Honor dated June 15,2006. As an initial matter, if Mr. Fountain is scheduled to appear before the Office of Disciplinary Counsel on June 28,2006, we concede that a further continuance of the scheduling conference in the above matter is appropriate. However, we would request that Your Honor reschedule the scheduling conference at the Court's earliest convenience.

Fountain v. Chase Manhattan, C.A. No. 04-civ-931

I will not belabor the point, but contrary to Mr. Fountain's letter, the parties have not reached a settlement. He did forward my colleague a version of the settlement documents on or about May 12, but he also made unilateral, material changes to the documents and did not have his wife execute them. This is possibly why Mr. Fountain refers to the documents he signed as "revised."
My client does not believe that Mr. Fountain is proceeding in good faith and is again irying to delay this matter by infonning the Court of a fictitious settlement. It is therefore my client's intention to proceed with this litigation and requests that the scheduling conference be rescheduled to a date in the very near future. Respectfully,

Tara L. Lattomus cc: Dorothy A Davis, Esq. Danyl K. Fountain

W I L M l l G T O N , DE

P I T T S B U R G H , PA

H A R R I S B U R G , PA

PHILADELPHIA.

PA

B O S T O N , MR

WASHINGTON,

DC

MORGANTOWN, WV

S O U T H P O I N T E , PA

A L C O A C E N T E R , PA