Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-01338-JJF Document 233 Filed O9/30/2005 Page 1 of 2
BOUCHARD MARGULES 6. FRIEDLAN DER
A PROFESSIONAL CORPORATION
SUITE l4OO
222 DELAWARE AVENUE
WILMINGTON, DELAWARE l98OI
(302) $73-3500
FAX (302) 573-3501
ANDRE G. Boucr-1ARo JOANNE P. PINCKNEY
.10EL FRIEDLANDER ¢¤¤N5EL
DAVID .J. MARGULES KAREN L. PASCALE
JOHN M. SEAMAN
Dommncx T. GATTUSO
JAMES G. MCMILLAN, na
September 30, 2005
By E-Filing and Hand Delivery
The Honorable Kent A. Jordan
United States District Court for the District of Delaware
844 North King Street
Room 6325, Lockbox 10
Wilmington, Delaware 19801
Re: Honeywell International Inc., et al. v. Audiovox Communications Corp. et al.,
C.A. N0. 04-1337-KAJ
Honeywell International Inc., et al. v. Apple Computer, Inc., et al.,
C.A. N0. 04-1338-KAJ
Optrex America, Inc. v. Honeywell International Inc., et al.,
C.A. N0. 04-1536-KAJ
Dear Judge Jordan:
In addition to joining the letter of September 30, 2005 submitted by the -1337 and -1338
defendants, Optrex also wishes to advise the Court that Optrex is prepared to resume bilateral
discovery with Honeywell within 30 days if the Court is inclined allow regular discovery
between Optrex and Honeywell at this time.
Optrex and Honeywell sewed discovery requests on each other at the end of April and
the beginning of May of this year. Honeywell and Optrex agreed to stay discovery as to each
other pending issuance of a schedule by the Court. As pointed out in the letter submitted by the -
1337 and -1338 defendants, Honeywell’s current proposal effectively gives Honeywell one-sided
discovery against the manufacturers while precluding the manufacturers from taking discovery
against Honeywell until after all manufacturers have been added to the case. Honeywell’s
proposal to take one-sided discovery of the manufacturers also fails to advance the goal of
transitioning the case from the customer defendants to the manufacturers.
In response to Honeywell’s proposal in its September 23, 2005 letter to the Court, Optrex
proposed to Honeywell that Optrex and Honeywell resume bilateral formal discovery and answer
all pending discovery responses within 30 days. Honeywell declined the Optrex invitation to
resume bilateral discovery. Nonetheless, Optrex remains willing to resume bilateral discovery

Case 1:04-cv-01338-JJF Document 233 Filed O9/30/2005 Page 2 of 2
The Honorable Kent A. Jordan
September 30, 2005
Page 2
with Honeywell within 30 days if the Court believes it would be helpful to advancing the
progress of this litigation.
Respectfully submitted,
/s/ Karen L. Pascale
Karen L. Pascale (#2903)
cc: Clerk ofthe Court (by CM/ECF E-Filing)
CM/ECF Counsel of Record (by E-Filing)