Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00537-SLR-LPS

Document 54

Filed 09/03/2008 LLP

Page 1 of 1

MORRIS, NICHOLS, ARSHT & TUNNELL
1201 N ORTH M ARKET S TREET P.O. B OX 1347 W ILMINGTON , D ELAWARE 19899-1347 (302) 658-9200 (302) 658-3989 FAX
JULIA HEANEY (302) 351-9221 (302) 425-3004 FAX [email protected]

September 3, 2008 BY E-FILING The Honorable Leonard P. Stark United States District Court for the District of Delaware 844 N. King Street Wilmington, DE 19801 Re: Phoenix Payment Systems, Inc. d/b/a Electronic Payment Exchange v. Lexcel, Inc. and Lexcel Solutions, Inc., C.A. No. 07-537 (SLR/LPS)

Dear Magistrate Judge Stark: Pursuant to Your Honor's request during the August 25, 2008 teleconference, I am writing on behalf of all parties to provide the status of the ongoing settlement negotiations. Counsel have narrowed the issues and remain hopeful that a settlement will be reached within a day or two, but no settlement agreement has been finalized yet. Counsel remain available if the Court would like to schedule another teleconference to discuss this matter. Respectfully,

/s/ Julia Heaney (#3052)
Julia Heaney JH:ncf cc: Clerk, U.S. District Court (by hand delivery) C. Barr Flinn (by e-mail) Karen E. Keller (by e-mail) Lawrence G. Scarborough (by e-mail) George C. Chen (by e-mail) Jason K. Reed (by e-mail) Timothy A. Dillon (by e-mail)

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