Free Order - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

MARLYN NUTRACEUTICALS, INC., an Arizona corporation,

) ) ) Plaintiff, ) ) vs. ) ) WILLIAM WONG, et al., ) ) Defendants. ) ___________________________________)

No. 2:02-cv-1876-HRH

O R D E R Case Status A telephonic status conference was held in this case on July 16, 2007. case as The court explored with counsel the status of the defendants Marlyn Nutraceuticals, Mr. and

regards

Mrs. Wong, and Mr. Buell. The court understands that there is a settlement between Marlyn and the Wongs. Counsel will please confer for the purpose

of submitting to the court a proposed form of partial judgment disposing of this case as between Marlyn and the Wongs. After

entry of this partial judgment, the court will take up any question of costs and attorney fees. There have been discussions between Marlyn and Buell with respect to disposition of that portion of the case, and those discussions are to continue. - 1 -

Case 2:02-cv-01876-HRH

Document 306

Filed 07/18/2007

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As to World Nutrition, the jury and the court have ruled on compensatory and exemplary damages on Marlyn's Arizona Trade Secrets Act claim. The jury has awarded $25,575.00 in compensatory damages, and the court has awarded $51,150.00 in exemplary damages. With respect to Marlyn's Lanham Act, unfair competition, and trade libel claims, the court has granted World Nutrition a new trial unless plaintiff accepts a remittitur of compensatory damages to $6,185.65 and a remittitur of punitive damages to $30,000.00. to this portion of the case, the parties have under As

active

discussion the advisability of engaging in private mediation. It appearing that the parties are making reasonable progress toward a resolution of this case, the matter will be continued for an additional period of 30 days, to August 17, 2007. Counsel for Marlyn will please provide the court with an updated status report on or before August 17, 2007. Upon receipt of that Either the

report, the court will determine how to proceed.

parties or the court may call for a further telephonic status conference. It is hoped that any remaining parties will have

agreed to private mediation. Especially under the circumstances of this case, it should not be necessary for the parties to incur the expense of a further, full-blown trial of damages. DATED at Anchorage, Alaska, this 17th day of July, 2007.

/s/H. Russel Holland United States District Judge

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Case 2:02-cv-01876-HRH

Document 306

Filed 07/18/2007

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