Free Letter - District Court of Delaware - Delaware

Case 1 :05-cv-00737-JJF Document 26 Filed 12/20/2006 Page 1 of 1
Potter
Anderson
` COYYOOI] LLP Richard L. Horwitz
Partner
Attorney at Law
l3i3 North Market Street [email protected]
p()_ Bw; 95] 302 984-6027 Direct Phone
wnnsnsii,ner9s9s-o9st 302 658—1¤92 FM
302 sat 6000
W'\VWEp0{£iL€>1`&IldBl‘SOH.G6fil
December 20, 2006
VIA ELECTRONIC FILING
The Honorable Joseph J. Farnan, Jr.
United States District Court
844 King Street
Wilmington, Delaware 1980}
Re: The Dow Chemical Company v. Nova Chemicals Corporation (Canada)
and Nova Chemicals Inc. §Delaware ),· C.A. No. 05—~737-JJF
Dear Judge Farnan:
I write on behalf of Nova with respect to its motion for judgment on the pleadings
(DJ. 20). Briefing on that motion is now complete. See D.l. 21, 23, 25. We stand ready to
present oral argument, if Your Honor thinks oral argument would be helpful. At bottom, our
position is that this case can be resolved now, without any discovery, and without spending large
sums of money and otherwise expending Court and party resources. Because a Scheduling
Order has not been entered in the case, we respectfully submit that it would be inthe best interest
ofthe parties and the Court to resolve the motion for judgment on the pleadings before the
parties embark on negotiating a schedule and starting the discovery process.
Respectfully,
l l /s/ Richard L. Horwitz
Richard L. Horwitz
RLH:nmt/768671
cc: Clerk of the Court (via hand delivery)
Counsel of Record (via electronic mail)