Free Motion to Lift Stay - District Court of Delaware - Delaware

Case 1:04-cv-00389-***-MPT Document 61 Filed 05/11/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
ETS Payphones, Inc. )
)
Plaintiff, )
)
v. ) CIVIL ACTION No. O·4~389··KAJ
)
Inter-World Cornrnunicatioiis, Inc., )
Corpserve, SA. de C.V., World Center )
of Video Conferences, S.A. de C.V., )
Dean Hollis Velazco, and John Remke, )
)
Defendants. )

MOTION OF ETS PAYPHONES, INC. TO TERMINATE STAY
AND REQUEST FOR STATUS AND SCHEDULING CONFERENCE
ETS Payphones, inc., as successor to PSA, Inc. (the "Piaintiff"), hereby moves
(the “Motion") this Court to (i) terminate the stay ofthe above—captioned case (the "Litigation")
established pursuant to the Order Approving Stipulation And Order Staying Case, dated
February 1, 2006 [DI. 60] (the "Stay Order," annexed hereto as Exhibit 1) and (ii) establish a
status and scheduling conference date with respect to the fuither prosecution ofthe Litigation. In
support of the Motion, the Plaintiff respectfully submits that:
1. This Litigation, commenced on or about September 10, 2002, is an action
against inter—World Cornmunications, Inc., Corpserve, S.A. de C.V., World Center of Video
Conferences, S.A. de C.V., Dean Hollis Velazco, and John Remke (collectively, the
· “Defendants") for turnover of property of the estates, fraudulent conveyance, breach of contract,
and conversion of assets of the estates. Plaintiff demands an accounting and monetary damages
in an amount no less than $9 million.
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Case 1 :04-cv-00389-***-MPT Document 61 Filed 05/11/2006 Page 2 of 3
2. The parties previously reported to the Court that, after mediation before
Magistrate Thynge on or about September 22, 2005, this matter had been settled in principle and
that the parties were in the process of working on the settlement papers. To facilitate the t
documentation of the settlement in principle, the parties entered into a consensual stipulation (the
“Stiputation," annexed as Exhibit A to the Stay Order) and requested that this court stay the
Litigation in its entirety, subject to further order of this Court. §_e_g:_ Stipulation, Para. 1. The
Stipulation further provided that the stay is without prejudice to the rights of the parties to °‘(i)
move the Court to terminate the stay at anytime; or (ii) fuily prosecute the [Litigation] in the
event the stay is terminated? Stipulation, Para. 2. I
3. Despite efforts of the Plaintiff to obtain a signed agreement, the parties
have reached an impasse in their attempt to document the settlement in principle. Accordingly,
staying the Ligation can serve no further legitimate purpose. The Piaintiff submits that the stay
should be terminated to allow the Litigation to be fuliy prosecuted.
4. To foster the most efficient and expeditious prosecution of the Litigation,
the Piaintiff further requests that the Court establish a status and scheduling conference with
regard to the Litigation at its earliest convenience. The Plaintiff will contact the Defendants in
an effort to draft a consensual form of scheduling order to present to the Court at the time of the
scheduling conference. The Defendants have indicated that they are no longer interested in
settling the case on the terms agreed to in principle at mediation.
5. The Plaintiff waives its right to tile an initial brief in support of the
Motion, but reserves its right to reply to any response tiled hy the Defendants and to file a brief
in support of such reply. l
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Case 1 :04-cv-00389-***-MPT Document 61 Filed 05/11/2006 Page 3 of 3
6. Pursuant to D. Del. LR 7.1.1, ETS has made reasonable efforts to reach
agreement with the Defendants’ counsel on the matters set forth in the Motion, but as of the time
of the filing of this Motion the parties have been unable to reach an amicable resolution with
respect to the relief sought herein.
WHEREFORE, the Plaintiff respectfuily requests that the Court enter an order,
substantially inthe form attached hereto (a) terminating the stay ofthe Litigation, and (b)
establishing a status and scheduling conference date with respect to the further prosecution of the
Litigation.
Dated: May ll, 2006
Wilmington, Delaware
Respectfully submitted,
Jonathan W. Jordan
King & Spalding LLP
191 Peachtree Street
` Atlanta, Georgia 30303
Telephone: (404) 572-4600
Facsimile: (404) 5726149
·AND·
/s/ Seem M Beach
Sean M. Beach (Bar No. 4070)
Young Conaway Stargatt & Taylor, LLP
The Brandywine Building
1000 N. West Street
Wilmington, Delaware 198OI
Telephone: (302) 57l~6600
Facsimile: (302) 571-1253
Counsel to the Plaintiff, ETS Payphones, Inc.
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