Free Letter - District Court of Delaware - Delaware


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Date: April 24, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1:08-cv-00233-JJF

Document 6

Filed 04/24/2008

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Mark Minuti Phone: (302) 421-6840 Fax: (302) 421-5873 [email protected] www.saul.com

April 24, 2008 BY HAND Clerk's Office United States District Court for the District of Delaware 844 North King Street, Room 4209 Wilmington, DE 19801 RE: In re Kaiser Aluminum Corporation, et al., Case No. 02-10429 (JKF) (Bankr. D. Del.) Moss Landing Commercial Park, LLC v. Kaiser Aluminum Corporation, et al. (Case No. 08-cv-233)_

Dear Sir or Madam: We represent Moss Landing Commercial Park, LLC ("MLCP"). We are writing to request that the enclosed motion for stay pending appeal (the "Motion") and accompanying memorandum of law (the "Memorandum") be delivered to the Duty Judge for immediate approval of (or an emergency hearing on) MLCP's request for a stay of the Bankruptcy Court's March 27, 2008 Order [Bankr. Docket No. 9692], as later modified by an order dated April 16, 2008 [Bankr. Docket No. 9713] (collectively the "Order") which requires MLCP to dismiss environmental litigation instituted by MLCP against reorganized debtors Kaiser Aluminum Corporation, et al. ("Kaiser") in the United States District Court for the Northern District of California (the "California Action"). We understand that the file in this matter has recently been transferred to this Court, but the matter has not yet been assigned to a Judge or given a case number. As set forth more fully in the Motion and Memorandum, MLCP filed the California Action as provided by the United States Clean Water Act ("CWA") and the Resource Conservation and Recovery Act ("RCRA") to require Kaiser to remediate a serious environmental hazard on property owned by MLCP which was formerly owed by Kaiser. Kaiser responded to the California Action by asserting that the California Action violated the injunction created in Kaiser's confirmed reorganization plan pursuant to Bankruptcy Code Section 1141. Kaiser maintained its position notwithstanding that it had to admit that, prior to confirming its plan, Kaiser never gave Nader Agha (MCLP's predecessor-in-interest) formal notice of its confirmation, and that the bankruptcy record establishes that Kaiser knew of Agha's contingent claim at the time. Thus, as a matter of law, no claim of Mr. Agha (or the subsequent entity
P.O. Box 1266 Wilmington, DE 19899-1266 Phone: (302) 421-6800 Fa x : ( 3 0 2 ) 4 2 1 - 6 8 1 3

Courier Address: 222 Delaware Avenue, Suite 1200
BALTIMORE 557824.1 4/24/08 CHESTERBROOK HARRISBURG NEWAR K

W i l m i n g t o n , D E 1 9 8 0 1 -1 6 1 1
P RI NCET ON WASHINGTON WI LMI NGTON

P H I LAD E LP HI A

A DELAWARE LIMITED LIABILITY PARTNERSHIP

Case 1:08-cv-00233-JJF

Document 6

Filed 04/24/2008

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