Free Letter - District Court of Delaware - Delaware

Case 1:05-cv-00029-JJF Document 94 Filed 10/28/2005 Page 1 of 1
RICHARDS, LAYTON & FINGER
A F'ROFE55!C)NAI... ASSOCIATION
Ont: Hoomav Souamz
920 Nonrm Kane STREET
Fneoereicm L C0·m=zEi.L. lll WILMINGTON, DELAWARE |9B0t Dl;;C;i_§;T_;;rg§R
DIRECTOR (302) 65**77OO Cc>T"ri=aELz.@s=u.F cc>M
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October 28, 2005
VIA HAND DELIVERY AND E—F ILIN G
The Honorable Joseph J . Farnan, Jr.
United States District Court
District of Delaware
844 King Street
Wilmington, DE 19801
Re: Cap/xalan Inc., et al v. Barr Laboratories
(LA. 05-0029-JJF ___
Dear Judge Farnan:
I write in response to Barr Laboratories, lncfs October 26, 2005 letter regarding potential
trial dates for the above—ret`erenced matter. Counsel for Cephalon, Inc. and the University of
Utah Research Foundation (collectively, "Plaintiffs") have checked their schedules and,
unfortunately, are not available the weeks of April 3"l or April 10m due to previous trial
commitments, as well as the fact that the wife of one ofthe lead trial counsel is expected to give
birth early in April. In light of Barns desire for an early trial date, Plaintiffs propose the Week of
May Sm (or thereafter) for the trial. Plaintiffs note that, as originally required by this Court, a
trial in this matter the week of May 8lh is within 120 days of the March 8, 2006 final pretrial
conterence.
As discussed at the September I4, 2005 Mar/nnan hearing, Plaintiffs agree that a short
trial of approximately 3—4 days is appropriate.
Respectfully,
5%/l ( Jcyégff was
Frederick L. Cottrell, Ill
FLC,IlI/afg
cc: David B, Bassett, Esquire (via telecopy)
J osy W. Ingersoll, Esquire (via hand delivery)
George C. Lombardi, Esquire(via telecopy)
iuri-2939447-2