Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv—00910-GIVIS Document 116 Filed 01/23/2006 Page 1 of 2
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Amos Alter Direct Dial: 212-704-6247
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January 18, 2006
Hon. Gregory M. Sleet, U.S.D.J.
United States District Court
J. Caleb Boggs Federal Building
844 N. King Street
Room 324, Lockbox 19
Wilmington, DE 19801
RE: Integrated Health Services of Cliff Manor v. THCI: 04-910 (GMS)
Dear Judge Sleet:
We are co—counseI to plaintiffs in the referenced action.
In light of our conference call ·of this past Friday, we will treat the "Second
Amended C0untercIaims" senred by defendant without leave of Court as inoperative,
and accordingly withdraw our motion against it. Presumably defendant will, consistent
with what you stated in the conference call, either (i) serve a new Second Amended
Answer which adds as new counterclaims only those claims dismissed by you in the
other action (04 Cv 367 [Gil/lS]), without prejudice to their interposition here; or (ii) move
for leave to serve a new pleading, containing such other claims as it may be advised. A
As the subpoenae defendant had issued were certainty substantially addressed
to counterclaims which are now clearly not at the moment in the case, we assume that
the subpoenae are withdrawn. We accordingly withdraw our request for leave to move
to quash. Based on the same understanding, we expect the nonparties to whom the
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Case 1 :04-cv-00910-GMS Document 116 Filed 01/23/2006 Page 2 of 2
TROUTMAN SANDERS LLP
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Hon. Gregory M. Sleet, U.S.D.J.
Jaunary 18, 2006
Page 2
subpoenae were addressed will now also treat them as withdrawn, and will not be
moving against them, on either service or substantive grounds.
Re
Amos Alter
Cc:
Robert E. Grossman, Esq.
Arent Fox PLLC r
Victoria W. Counihan, Esq.
Greenbe·rg Traurig, LLP
Michael Lastowski, Esq.
Duane Morris LLP
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