Verance Letter to Judge Brown

June 25, 2001

VIA HAND DELIVERY

Honorable Garrett E. Brown, Jr.
United States District Judge
Clarkson Fisher Federal Courthouse
402 East State Street
Trenton NJ 08608

Re: Felten, et al. v. Recording Industry Association of America, Inc., et al.
No. CV-01-2660 (GEB)

Dear Judge Brown:

I am writing on behalf of defendant Verance Corporation (Verance) in response to Ms. Grayson Barber's June 15, 2001 letter to Magistrate Judge Wolfson in the above-captioned case. I also refer to Mr. David Kendall's letter to you dated June 21, 2001.

As you will note, Mr. Kendall's June 21, 2001 letter included as an attachment my letter to Mr. Gino Scarselli, counsel to plaintiff, dated June 18, 2001. To be clear, in addition to the specific representations I made to Mr. Scarselli in that letter, let me state that Verance will not file any lawsuit over the plaintiffs' papers identified in the complaint. We therefore believe there is no justiciable controversy before the Court with respect to plaintiffs and Verance. Accordingly, we respectfully submit that Ms. Grayson's request for an expedited pleading and discovery schedule is inappropriate and unncessary as to the Verance.

To facilitate your prompt receipt of this letter, I have authorized Ms. Karen A. Confoy, counsel for RIAA, to sign this letter on my behalf.

Repsectfully,

David E. Leibowitz
Office of the Chairman

Karen A. Confoy
Sterns & Weinroth
A Professional Corporation
50 West State Street, P.O. Box 1298
Trenton NJ 08607-1298
(609) 392-210

cc:
Grayson Barber, Esq.
Frank L. Corrado, Esq.
Gino J. Scarselli, Esq.
Cindy A. Cohn, Esq.
James S. Tyre, Esq.
Mr. David E. Kendall
Joseph P. Liu, Esq.
Hon. Robert J. Cleary (United States Attorney for the District of New Jersey)
Richard Philips, Esq. (Department of Justice)

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