Free MEMORANDUM in Support - District Court of Delaware - Delaware

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FR1e¤MAN/ DUMAS °"° “°"g{,’;‘;’g';;;
& SPRINGWATER LLP $¤¤ Franciscc
California 94111
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Cecily A. Dumas
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July 27, 2005
BY FACSIMILE ONLY
Culver V. Halliday, Esq. y
Stoll Keenon & Park LLP
2650 Aegon Center
400 West Market Street `
Louisville, KY 40202-3377 ‘
Charles M. Tatelbaum, Esq. I
Adorno & Yoss P.A.
350 E. Las Olas Blvd., Suite 1700 _
Fort Lauderdale, FL 33301
Re: Inacom Corp. v. Lexmark and Tech Data, and related Third
Pag Complaints against Hewlett-Packard Company
Gentlemen:
We wanted to acknowledge receipt of the several letters sent by each of your
offices inviting Hewlett-Packard Company to participate in a private mediation of the ~
disputes between Inacom and your clients, on the one hand, and your c1ients’ claims against
HP, on the other hand.
We understand from Inacom’s counsel that the first attempt at mediation
l earlier this month was unsuccessful. You have advised that your clients are willing to give it
another try in September.
Although we have necessarily participated in certain of the discovery relating
to Inacom’s preference claims, HP has formed no independent view of the merit of the
· claims and defenses in the primary cases. HP therefore cannot make a meaningful
y contribution to a mediation discussion of the settlement value of those cases. We do believe,
however, that HP has substantial factual and legal defenses to the reimbursement and
indemnity claims asserted against it by your respective clients. For this reason, we think that
the approach you seem to be taking to settlement, whereby your clients try to simply act as a
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07/27/2005 gg1)se41: ;1O44—c€/%C1§O583-GMS Document 54-6 Filed 08/O9/2005 Page 2 of 2 Q 003/003
FRMEDMAN/DuMAs ·
& SPRINGWATER LLP
Culver V. Halliday, Esq.
Charles M. Tatelbaum, Esq.
July 27, 2005
Page 2 ·
· pass-through and demand that HP ultimately pay any settlement amount, is unrealistic and a
waste of our time.
l If you would like to discuss our concerns further or clarify your clients’
positions, please do not hesitate to call me. y
_ Very truly yours, "
CAD/ods
cc: Andy Caine, Esq.
Earl Forte, Esq. i
Derek Abbott, Esq.
Anne M. Kennelly, Esq. ._
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Case 1:04-cv-00583-GMS

Document 54-6

Filed 08/09/2005

Page 1 of 2

Case 1:04-cv-00583-GMS

Document 54-6

Filed 08/09/2005

Page 2 of 2