Free Letter - District Court of Delaware - Delaware

Case 1 :07—cv—00587-SLR-LPS Document 49 Filed 08/18/2008 Page 1 of 2
MORRIS, NICHOLS, ARSHT Sr TUNNELL LLP
NORTH MARKET` STREET
P.O. Box l34·7
WILMINGTON, DELAWARE 19899-1347
302 658 9200
302 658 3989 Fax
.1vLm HEANEY
302 351 9221
302 425 2.004 FAX
ji’1E.HI1C}'@II1I13.f.COItI.
August 18, 2008
BY E-FILING
U.S. Magistrate Judge Leonard P. Stark
United States District Court
for the District of Delaware
844 N. King Street
Wilmington, DE 19801
Re: Phoenix Payment Systems, Inc. tl/b/o Electronic Payment Exchange v.
Lexcel, Inc. and Lexcel Solutions, Inc., C.A. No. 07-537 (SLR/LPS)
Dear Magistrate Judge Stark:
Pursuant to the Scheduling Order (D.1. 20) entered in this case, we submit the
following status report on behalf of all parties.
On April 22, 2008, Your Honor conducted a mediation between the parties. A
number of points were agreed upon at the mediation, but many issues were left unresolved. The
parties have been working through those issues since the mediation. Specifically, several drafts
of a settlement agreement have been exchanged, and counsel has engaged in numerous
discussions in an attempt to achieve a settlement. To keep negotiations moving briskly, counsel
for plaintiff sent last Friday a draft agreement to Messrs. Flinn and Poff reflecting our proposed
changes to Lexcel’s latest draft. We are now awaiting our client’s approval of those proposed
changes. Lexcel has agreed to respond to our proposed changes within 48 hours of our client
approving them. Both parties have committed to making themselves available to settle the
matter this week.
Since the parties have been negotiating in good faith, we have not conducted any
discovery, other than exchanging initial disclosures.

Case 1:07—cv—00537-SLR-LPS Document 49 Filed 08/18/2008 Page 2 of 2
Magistrate Judge Leonard Stark
August 18, 2008
Page 2
Respectfully,

fcbh
cc: C. Barr Flinn, Esq. (by email)
Adam W. Poff, Esq. (by email)
2451476

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

Document 49

Filed 08/18/2008

Page 1 of 2

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

Document 49

Filed 08/18/2008

Page 2 of 2