Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00124-JJF

Document 16

Filed 03/23/2005

Page 1 of 2

US. Department of Justice

Office of the United States Trustee
District of Delaware

J Caleb Boggs Federal Building , (302) 573-6491 844 King Streel, Suite 2207, Lockbox 35 fax (302) 573-6497 Wilmington, D 19801

March 23,2005

VIA HAND DELIVERY The Honorable Joseph J. Faman, Jr. United States District Court for the District o f Delaware J. Caleb Boggs Federal Building 844 King Street Wilmington, DE 19801

RE2

In r e Woodworkers Warehouse, Inc.

Case No. 04-cv-124

Dear Judge Farnm:
We are writing to advise Your Honor regarding the status o f submission o f one o f the items o f the designated record on appeal.

At the time that we filed the designated record with the bankruptcy court after the above captioned appeal was noticed, we had to obtain copies o f certain transcripts that were not previously transcribed. The December 3,2003 hearing transcript (the transcript o f the "first day" hearing) was one o f the transcripts which we sought to have transcribed. We sent the disk provided by the bankruptcy court to the court reporter to be transcribed, and the disk was returned to u because the s
relevant audio file was inaudible.

Recently, i t came to our attention that the problem was with the audio copy and not with the original audio file. We contacted counsel to the Liquidation Manager (the successor to the Debtor by confirmation) and advised counsel o f our discovery. We also contacted Kronish, Lieb, Weiner & Hellmann LLP, proposed special counsel to the Debtor, regarding the issue.

Briefing in the appeal has been completed. While we believe that neither party cited to the December 3,2003 transcript in i t s briefs, we are in the process o f having the December 3 hearing transcribed and expect to lodge the transcript with the Court within the next ten days.

Case 1:04-cv-00124-JJF

Document 16

Filed 03/23/2005

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The Honorable Joseph J. Farnan, Jr. March 23,2005 Pape 2 o f 2

Counsel i s available if Your Honor has any questions.
Respectfdly,

W

Joseph J. McMahon, Jr. Trial Attorney

JJM/jjm
cc: Frank J. Perch III, Assistant United States Trustee Donald J. Detweiler, Esquire Brent Weisenberg, Esquire