Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00799-JJF Document 27 Filed O1/29/2008 Page 1 of 2
Rtcuanme, Lmrrom & F·"u~ic;t;R
A PROFESSIONAL ASSOCIATION
Owe: Fioouzv Sotmna
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noeaau. c. siraeaeriae Wntunwerou, Datsawanrz ieee: D”;;°;§gA?_;;;B;R
(302) GE"? 700 Sui,raencLneo@nLF com
Faxtacaleet-7701
WWW. RLF. COM
January 29, 2008
T he Honorable Joseph 3. Farnan, lr.
United States District Court Judge
.Il Caleb Boggs Federal Building
844 N. King Street, Room 4124
Lock Box 27
Wilmington, DE 1980l
Re: OHC Liquidation Trust v. Credit Suisse, et al.,
Adv. Proc. No. 04-57060 gPJVV [ f Civil Action N0. 079799 QJJFQ
Dear Judge Farnan:
Defendants believe that correspondence with the Court is not the appropriate
method by which to address the jury trial issues raised in this case. Defendants write only to
clarify two issues raised in Plaintiffs January 29 letter. First, pursuant to the Court’s January 23
order, the reference of this Adversary Proceeding to the Bankruptcy Court was withdrawn on the
basis of _judicial economy and not based on the finding of jury trial rights by this Court. ln fact,
this Court has not had the opportunity to consider the issues raised by Plaintiffs jury trial
demand. Second, as explained more fully in Defendants’ opposition to PlaintiH’s motion to
withdraw the reference [Bnk. Docket No. 216 j, the Bankruptcy Cou1t’s decision concerning jury
trial rights in the context of a motion to withdraw the reference is not binding on this Court.
Plaintiff ’s reliance on the Bankruptcy Court’s decision is therefore misplaced.
Plaintiff s demand for a jury trial in this Court is the proper subject of a motion to
strike, and as discussed in our January 28 letter, Defendants respectfully intend to so move.
Respectfully submitted,
wwf / Mir/'
Russell C. Siiberglied
ru r l—3248446~l

Case 1:07-cv-00799-JJF Document 27 Filed O1/29/2008 Page 2 of 2
The Honorable Joseph .In Famau, Jr.
January .29, 2008
Page 2
cc: VIA ELECTRONIC MAIL
Rt Paul Wiokes, Esq.
Mary ICA Wamen, Esqt
Michael J. Osnato, Jr., Esq,
J. Justin Wiliiamson, Esq.
Marla Roso‘ff`Eskin, Esq.
Tony Castanares, Esqn
Stephan M. Ray, Esq.
Scott Ht Yun, Esq.
Whitman Lt Holt, Esq,
ra.r1-seams-1

Case 1:07-cv-00799-JJF

Document 27

Filed 01/29/2008

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Case 1:07-cv-00799-JJF

Document 27

Filed 01/29/2008

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