Free Letter - District Court of Delaware - Delaware

Case 1 :07-cv-00799-JJF Document 20 Filed O1/15/2008 Page 1 of 2
RICHARDS, LAYTON & FINGER
A PROFESSIONAL ASSOCIATION
ONE RODNEY SQUARE
920 NORTH KING STREET DIRECT DIAL NUMBER
CHR‘$T°*"HEF* M- SAME Wu.MnNG·r0N, DELAWARE 19801 50555 ,7545
(302) SEI-7700 SAM1s@R|.F.cc>M
FAX <3oz> esa-77on
WWW. R LF . CO M
January 15, 2008 _
VIA HAND DELIVERY
The Honorable Joseph J. Farnan, Jr.
United States District Court Judge
J. Caleb Boggs Federal Building
844 N. King Street, Room 4124
Lock Box 27
Wilmington, DE 19801 ·
Re: OHC Liquidation Trust v. Credit Suisse, et al. Adv. Pro. N0. 04-57060
P / Civil Action Nos. 07-799 JJF & 07-215 JJF
Dear Judge Farnan,
We write concerning the above-referenced Adversary Proceeding, and the Order issued by the
Bankruptcy Court on Thursday, January 10, determining that this Adversary Proceeding is a core
proceeding under the Bankruptcy Code [Adv. D.I. No. 231]. That determination having been
made, we understand Plaintiffs Motion to Withdraw the Reference is now ready for submission
to this Court for resolution.
Given the multiple motions outstanding, including Defendants’ Motion for Leave to Appeal
relating to the Bankruptcy Court’s decision concerning Plaintiff’ s jury trial rights, and the unique
procedural history here, Defendants requested a status conference so that the parties could
apprise the Court of their respective positions both on the pending motions as well as potential
further proceedings. By letter dated December 26, 2007, Plaintiff opposed Defendants’ request
for a status conference.
Defendants continue to believe a status conference is appropriate given the posture in which this
matter arrives before this Court. Both motions currently pending focus on the central issue of
whether Plaintiff is entitled to a jury trial on any claim in this proceeding, and resolution of both
motions may not be necessary. In addition, resolution of the issues raised by the pending
motions, including Plaintiffs request to set a trial date in the District Court, will necessarily
require consideration of the prior procedural history in this action.
RLF1-22441 16-1

Case 1:07-cv-00799-JJF Document 20 Filed O1/15/2008 Page 2 of 2
The Honorable Joseph J. Farnan, Jr. .
January 15, 2008
Page 2
A status conference will enable the parties and the Court to ensure that all issues are identified
and resolved such that this action may move forward in a timely fashion.
Respectfully,
Qinwa- %©
Christopher M. Samis
CMS/aem
cc: VIA ELECTRONIC MAIL
R. Paul Wickes, Esq.
Mary K. Warren, Esq.
Michael J. Osnato, Jr., Esq.
I J. Justin Williamson, Esq. `
Marla Rosoff Eskin, Esq.
Tony Castanares, Esq.
Stephan M. Ray, Esq.
Scott H. Yun, Esq. ‘
Whitman L. Holt, Esq.
RLFl—32441l6—1

Case 1:07-cv-00799-JJF

Document 20

Filed 01/15/2008

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Case 1:07-cv-00799-JJF

Document 20

Filed 01/15/2008

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