Free Letter - District Court of Delaware - Delaware

Case 1:05-cv-00029-JJF Document 96 Filed 11/O1/2005 Page 1 of 2
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November l, 2005
VIA HAND DELIVER! AND E-FILING
The Honorable Joseph J , Farnan, Jr.
United States District Court
District of Delaware
844 King Street
Wilmington, DE 19801
Re: Cephalou Inc., at al v. Barr Laboratories
C.A. 05-0029-JJF _
Dear Judge Farnan:
I write in response to Barr Laboratories, Incfs October 31, 2005 letter regarding potential
trial dates for the aboveueferenced action.
While Plaintiffs understand Barr’s desire for an expedient trial, and are confident that
they (not Barr) will prevail, the simple fact is that Plaintiffs’ lead trial counsel, Bill Lee, is not
available for trial during late February and the month of March due to other trial commitments
and a previously scheduled family vacation. Moreover, the wife of one of Plaintiffs’ other lead
trial counsel is scheduled to give birth in early April. Barr could have learned these facts had it
consulted with Plaintiffs counsel first, rather than writing to the Court and unilaterally proposing
trial dates.
Plaintiffs’ proposed trial date of May 8"’ (cr thereafter) is well within 120 days of the
Court’s proposed March 8, 2006 final pretrial conference. It is less than sixteen (16) months
after the tiling of the complaint. Plaintiffs have fully cooperated with Barr in getting this case
ready for trial on an expedited schedule. Discovery and claim construction were completed in
September, merely eight (8) months after the complaint was filed, and the parties are finishing
expert discovery efficiently.
As the Court is aware, Barr‘s trial counsel asked the Court not to schedule trial in early
February due to their own scheduling conflicts. Plaintiffs merely request the same treatment, and
believe that the Court should schedule this matter for the earliest trial date on which both sides'
tiial counsel will be available, not just counsel for Barr.
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Case 1:05-cv-OOO29-JJF Document 96 Filed 11/O1/2005 Page 2 of 2
The Honorable Joseph J. Faman, Jr.
November 1, 2005
Page 2
Respectfully,
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Frederick L. Cottrell, III
FLCJII/afg
ec: David B. Bassett, Esquire (via teleoopy)
J osy W. Ingersoll, Esquire (via hand delivery)
George C. Lombardi, Esquire(via telecopy)
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