Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00568-JJF Document 27 Filed 12/11/2007 Page1 of 2
ROSENTHAL, MONHAIT Es GODDES5, P. A.
ATTORNEYS AT LAW ‘
SUITE 1401, 919 MARKET STREET
P. O. BOX lO7O
JOSEPH A- ROSENTHAL WILMINGTON, DELAWARE 19699-1070 TELEPHONE (302) 656`4433
NORMAN M. MONI-IAIT FACSIMILE 4aoa> 656-7567
JEFFREY s. GODDE55
<;ARNrErrA F. REENER
EDWARD E. RosENr1-mr
JESSICA zErmN
December 11, 2007
VIA HAND DELIVERY and CM/ECF
The Honorable Mary Pat Thynge
United States District Court
District of Delaware
J. Caleb Boggs Federal Building
844 N. King Street
Room 6100, Lockbox 8
Wilmington, DE 19801
Re: Trevino et al v. Merscarp Inc. et ul., Case N0. 1:07-cv-568-***
Dear Judge Thynge: l
We, together with Harwood Feffer LLP in New York, are plaintiffs’ counsel in the
referenced matter and write to Your Honor seeking early guidance on establishing efficient and
economical procedures for this complex, multiparty matter. Indeed, based on the number of
defendants and tremendous interests at stake, plaintiffs foresee a flood of early motion practice
that will heavily tax both the parties and Court. As such, plaintiffs respectfully request that at the
Court’s nearest convenience, a case management conference be scheduled.
By way of background, the Amended Complaint alleges breach of contract claims against
eleven defendants. Two of the eleven, Merscorp, Inc., and its wholly owned subsidiary,
Mortgage Electronic Registration Systems, Inc. (collectively, "MERS"), are defendants whose
liability stems from their being named as assignees on the mortgage notes forming the basis of
plaintiffs’ complaint. The other nine, the principal shareholders of MERS (i. e., Citigroup Inc.,
Countrywide Financial Corporation, Fannie Mae, Freddie Mac, GMAC-RFC Holding Company,
LLC, d/b/a GMAC Residential Funding Corporation, HSBC Finance Corporation, JPMorgan
Chase & Co, Washington Mutual Bank, and Wells Fargo & Company), are defendants whose
liability is premised on a theory of piercing the corporate veil. By agreement, currently all
defendants have until December 28, 2007 to respond to the Amended Complaint.

Case 1:07-cv-00568-JJF Document 27 Filed 12/11/2007 Page 2 of 2
The Honorable Mary Pat Thynge A
December ll, 2007
Page 2
’ As noted above, either upon the current response date or a future date agreed upon by the
parties, it is not unreasonable to predict that plaintiffs will be confronted with numerous motions
from defendants. In addition to motions to dismiss, plaintiffs anticipate at least some defendants
will present venue and jurisdictional motions. All totaled, there could be more than a dozen
separate motions with differing briefing schedules and proposed hearing dates. Clearly, the
resulting time and resource burden will be tremendous on the parties and Court alike.
Accordingly, plaintiffs respectfully submit that setting an early case management
conference would assist in clarifying the likely issues and would promote efficiency and
economy in terms of procedure and scheduling. For instance, to the extent there are global issues,
costly and duplicative briefing could be avoided through the filing of an omnibus brief filed by
all defendants. Any individualized issues could then be handled through supplemental
submissions. Plaintiffs could likewise respond in an omnibus brief that addresses all arguments,
Combined with a reasonable briefing schedule, plaintiffs respectfully submit that such a
procedure would drastically improve the efficient and economical management of this matter.
Should Your Honor wish to convene an early case management conference, p1aintiffs’
counsel are available at the Court’s convenience.
Respectfully yours, .
/s/ Carrnella P. Keener
Carmella P. Keener (DSBA No. 2810)
Attorneys for Jose Trevino and Lorry S. Trevino
cc: Jeffrey M. Norton, Esquire (via CM/ECE)
Kevin F. Brady, Esquire (via CM/ECF)
Katharine V. Jackson, Esquire (via CM/ECE)
Stephen E. Herrmanrr, Esquire (via CM/ECF)
Kenneth J. Nachbar, Esquire (via electronic mail)
Michael R. Nestor, Esquire (via electronic mail)
Scott Nardi, Esquire (via electronic mail)
Clerk of the Court (via hand delivery)

Case 1:07-cv-00568-JJF

Document 27

Filed 12/11/2007

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Case 1:07-cv-00568-JJF

Document 27

Filed 12/11/2007

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