Free Letter - District Court of Delaware - Delaware

Case 1:05-cv-00535-SLR

Document 39

Filed 09/29/2005

Page 1 of 1

Richard L. Horwitz
1313 North Market Street P.O. Box 951 Wilmington, DE 19899-0951 302 984-6000 www.potteranderson.com Partner Attorney at Law [email protected] 302 984-6027 Direct Phone 302 658-1192 Fax

September 29, 2005 VIA ELECTRONIC FILING AND HAND-DELIVERY Chief Judge Sue L. Robinson U.S. District Court J. Caleb Boggs Federal Building 844 N. King Street Wilmington, DE 19801 Re: American Seed Co., Inc. v. Monsanto Company, et al. C.A. No. 05-535 (SLR)

Dear Chief Judge Robinson: I am writing on behalf of Monsanto in response to Ms. Polesky's September 22, 2005 letter to the Court, which requested oral argument on a motion to coordinate proceedings and a motion to intervene, and stated that a subsequent request for oral argument on Monsanto's motion to transfer would be forthcoming. Although Monsanto does not believe oral argument is necessary, if the Court believes oral argument would be helpful, Monsanto will appear at the Court's convenience. Monsanto, however, would respectfully note that the resolution of the motion to coordinate proceedings and motion to intervene are directly impacted by the resolution of the motion to transfer. Accordingly, Monsanto submits that to the extent the Court is going to entertain oral argument, the three motions should be heard in one setting with the motion to transfer being heard first. Respectfully submitted, /s/ Richard L. Horwitz Richard L. Horwitz RLH/msb
701501

cc:

Clerk of the Court (By Hand Delivery) John W. Shaw, Esq. (By Hand Delivery)