Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00799-JJF

Document 112

Filed 06/11/2008

Page 1 of 2

800 N. King Street Suite 300 Wilmington, DE 19801 Telephone: 302-426-1900 Facsimile: 302-426-9947

Marla R. Eskin ·[email protected]

Campbell & Levine, LLC
Attorneys at Law June 11, 2008 VIA HAND DELIVERY The Honorable Joseph J. Farnan, Jr. United States District Judge J. Caleb Boggs Federal Building 844 North King Street Room 4124 Lockbox 27 Wilmington, Delaware 19801 Re: OHC Liquidation Trust v. Credit Suisse, et al. (In re Oakwood Homes Corp.), Civil Case No. 07-cv-00799-JJF.

Dear Judge Farnan: Tony Castañares has asked me to write the following message to you: I write regarding your opinion of June 9, 2008 (D.I. 110), not to ask for any substantive relief, but respectfully to request a point of personal privilege, especially if Your Honor intends that the opinion be published. At page 20, footnote 2, the opinion states that I argued that Oakwood's management were "rubes." It is not my practice to describe anyone, even my opponents, by such epithets in open court, and far less would I do so with persons whom I need as witnesses on the remaining claims in the case. It is true that we contended that Oakwood's management did not fully understand all aspects of complicated ABS transactions. It is also true that Your Honor posed a question to me containing a premise that Oakwood's management was incompetent, and that I chose not to quarrel with Your Honor's premise, but to answer the question directly instead. But I did not use the term "rubes," and I do not believe that anything I actually argued to Your Honor was to that effect, because I do not believe it to be true. My opponent Mr. Wickes, seeking to counter my actual argument, used that term at 69:12 of the transcript.

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Case 1:07-cv-00799-JJF

Document 112

Filed 06/11/2008

Page 2 of 2

The Honorable Joseph J. Farnan, Jr. June 10, 2008 Page 2

I respectfully request that Your Honor amend the opinion accordingly, as Your Honor sees fit. Thank you for considering this request. Respectfully submitted, /s/ Marla Rosoff Eskin Marla Rosoff Eskin Encl. cc: VIA ELECTRONIC MAIL Tony Castañares, Stutman, Treister & Glatt P.C. Stephan M. Ray, Stutman, Treister & Glatt P.C. Scott H. Yun, Stutman, Treister & Glatt P.C. Whitman L. Holt, Stutman, Treister & Glatt P.C. Russell C. Silberglied, Richards, Layton & Finger, P.A. R. Paul Wickes, Linklaters LLP Mary K. Warren, Linklaters LLP Michael J. Osnato, Jr., Linklaters LLP J. Justin Williamson, Linklaters LLP

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