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`Kenneth L. Dorsney
`302.888.6855
`kdorsney@morrisjames.com
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`
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`February 12, 2024
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`VIA CM/ECF & HAND DLIVERY
`The Honorable Christopher Burke
`United States District Court
`844 North King Street
`Wilmington, DE 19801
`
`Re:
`
`Midwest Energy Emissions Corp., et. al v. Arthur J. Gallagher & Co., et al.,
`C.A. No. 19-1334-CJB
`
`
`Dear Judge Burke:
`
` Pursuant to the Court’s November 21, 2023 Oral Order, the parties hereby make the
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`following joint statement on mediation.
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` The parties participated in good faith in a mediation before a private mediator Lawrence
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`Nodine in Atlanta, Georgia, on January 23, 2024. Mr. Nodine spent several hours with counsel
`for the parties, individually and jointly, in the weeks leading up to the mediation. Lead counsel at
`the mediation itself was Brad Caldwell for Plaintiffs and Paul Sykes for Defendants. The duration
`of the mediation on January 23 was about seven and a half hours. The parties were unable to
`resolve the dispute. Lead counsel for each of the parties hereby certifies that they engaged in the
`mediation and settlement efforts in good faith.
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`Respectfully submitted,
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`/s/ Kenneth L. Dorsney
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`Kenneth L. Dorsney (#3726)
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`
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`cc: All counsel of record (via CM/ECF and electronic mail)
`
`F 302.571.1750
`T 302.888.6800
`| Wilmington, DE 19801-1494
`500 Delaware Avenue, Suite 1500
`Mailing Address P.O. Box 2306 | Wilmington, DE 19899-2306 www.morrisjames.com
`
`
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`
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