I 

MEMO 

~HHN~~ERS 0; 

COLLEEN McMAHO 

__+---_+.- 

ENDORSED,,. 2 

FI.4 FAX Oh'Lx 

(212) 305-6326 mew York City) and 

(914) 390-41 52 (Wh~te Plams) 

Hon CoIleen McMahon 

Urn ted States District Judge 

United States District Court 11 DOCUMENT 

for the Sourhem Disu-ic t of Neu 

300 Qclmopas Street 

Whte Plains. New >-ork 10601 

r York 

Re Mxllennium Pipeline Company, L L-C v. Certain Temp 

322 Sleepy Valley Road [Breakaway Trails, 

Civil Action Ko.07-CV-58 1 5 (CM) 

Our Matter So.: 30245 16 

Inc,, st. al.] 

Dear Judge Mckfahon: I 

We are the attorneys for Plaint~ff Millennium Pipeline Company, L.L.C. On Friday, lune 

22, 2007, You: Honor granted an Order .to Show Cause In tlus action, returnable in white Plains 

on Wednesday, dune 27, 2007 at 3 p-m. (rhe "Order"). The Order required Plaintiff to senre the 

Order and all the materials supporting ~t upon all of the Defendants by hand delivery and fax by 

5 p.m. on June 22nd. On rhe afternoon of June 22, 2007, 1 wore to Your Honor, indicating the 

11kely impossibility of complying with the Order's service requirements (as there axe 16 

defendants spread out over 5 states, see my prior letrer) and requesticg that Your Honor modify 

the Order to permit senice by o17ernighr rnaiI. 

Nonvithstanding my pior lerter, The purpose of this letter is to report the efforts u,e have 

made to comply with the Order. Such efforts include the following. 

= On Friday, lune 22, 2007, we served all Defendants with the Order uld rhe 

underlying papers by overnight nail. All of the Defendants aiso received a letter 

from me acknowledgng that semice was not made according to the Order, bur, 

nonetheless, confirming that Plaintiff would he appeafing before the CouR on the 

June 27th return date to seek the relief requested in the Order and ro request 

modification of the Order to permit service by ovemighr rnaii. 

Case 7:07-cv-05815-KMK-MDF Document 9 Filed 06/27/2007 Page 1 of 2
H l SCOCK BRRCLAY Fax 116-856-0139 Jvn 25 2007 10 : d7am PO031003 

Hon. Colleen McMahon 

June 25,2007 

Page 2 

The lollowing Defendants ox their attorneys received a copy of thc Order by fax 

before 5 p.m. on June 22nd: George Burken, Anna Buxkert, Douglas Patzelt, Lauxen 

Palzelt, Oraqye and Rockland Urilities, Xnc., Swiss Kortln ~rnerican Properties- USA, 

LLC, and Greenpoint Mortgage Funhng, Inc. These were the only parlies whose fax 

numbers wexe hnown ro us. We also offered to prov~de such Deftndants with a set of 

the underlying papers by email. They did not receive faxed copies of the undexlylng 

papers because such papers exceed 1 90 pages 

The following Defendants ox their attorneys agreed to receive the papers by means 

other than hand deiivery md fax by 5 p.m. on June 22nd, as required by the Order: 

Clark Patterson Engneers, Surveyor, and Archtects, P.C., George Buxken, Anna 

Burkert, Douglas Patzelt, Lauren Patzelt, and Business Loan Center, Inc. All 

Defendmrs or their attorneys that uTe wexe able to contact agreed to accept service by 

means other than hand delivery and fax by 5 p.m. on June 22nd. 

Today, we ulll be attempting to serve the Order and the materials supportrng ~t by 

hand upon four Defendanls in northwest New Jerscj. (Adelia Mvlasters, Michele 

Masters, William Gali, and Leslie E Smth, Jr.) and one Defendant in Central Yew 

York Stale (Breakaway Txalls, lnc ) We w~ll also be coor&nzriny the service by 

hand of wo Defendanrs in southern Massachusetts (Frank and Judith LoRusso), 

which will likely be completed, at the latest, by Tuasday, June 26th. 

My colieayue, Joseph Bainton and I will be appearing before Your Honor at the 

scheduled return date in Whte Plains on June 27,2007 at 3 p m. 

Respectfully submitted, 

DJC:rnrn 

cc: I, Joseph Bainton, Esq, (via e-mull 

Case 7:07-cv-05815-KMK-MDF Document 9 Filed 06/27/2007 Page 2 of 2