Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00165-KAJ

Document 71

Filed 05/03/2005

Page 1 of 2

May 3, 2005

VIA ELECTRONIC FILING The Honorable Kent A. Jordan US District Court for the District of Delaware J. Caleb Boggs Federal Building 844 N. King Street Room 6325, Lockbox 10 Wilmington, DE 19801 RE: Burks, et al. v. Rimmel and Property Advisory Group, Inc., et al. Civil Action No. 04-0165 (KAJ) Our File No. 05-204

Dear Judge Jordan: Kindly allow this correspondence to serve as the Interim Status Report of Defendants Rimmel and Property Advisory Group, Inc. I apologize that my client's Interim Status Report is being submitted one day late. The Third Amended Complaint adding my clients as parties was served on March 30, 2005. My clients filed a Motion to Dismiss in lieu of an answer on April 18, 2005. Plaintiff's response to the Motion is due by May 9, 2005, by stipulation of the parties. My clients are in the process of producing initial disclosures within the next week. We also anticipate serving written discovery upon the parties within the next week. As a result of my clients' late joinder in this action, my clients are still attempting to gather discovery materials exchanged by the parties to date. It is therefore likely my clients will need to seek additional time to conduct discovery and present dispositive motions in this case. We have been contacted by the parties regarding settlement. We will be participating in a teleconference with Magistrate Judge Thynge to discuss settlement and mediation.

Case 1:04-cv-00165-KAJ

Document 71

Filed 05/03/2005

Page 2 of 2

The Honorable Kent A. Jordan RE: Burks, et al. v. Rimmel and Property Advisory Group, Inc., et al. Civil Action No. 04-0165 (KAJ) Our File No. 05-204 May 3, 2005 Page 2 I am available to answer any questions which the Court may have. Respectfully submitted, REGER, RIZZO, KAVULICH & DARNALL, LLP /s/ Louis J. Rizzo, Jr. Louis J. Rizzo, Jr., Esquire and DEASEY, MAHONEY & BENDER, LTD. /s/ Carla Maresca, Esquire Carla Maresca, Esquire LJR/mm CC: All Counsel of Record (Electronically)