Free Letter - District Court of Delaware - Delaware

Case 1 :05-cv-00300-JJF Document 153 Filed 1 1/30/2006 Page 1 of 2
Asn-IBY 8. GEDDES
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November 30, 2006 _
WA E-FILIN G & HAND DELIVERY
The Honorable Joseph J. Faman, Jr.
United States District Court
844 King Street
Wihnington, Delaware 19801
RE: Creedon Controls, Inc. v. Banc One Building Corporation, et al.,
C.A. No. 05-300-JJF
Dear Judge Faman:
We, along with Paul, Hastings, J anofsky & Walker, LLP, represent Banc One
Building Corporation ("BOBC") in this action. As the Court is aware, the pretrial conference in
this case is currently scheduled for January ll, 2007 at 2:00 p.m. However, as a result of
scheduling of certain expert depositions as set forth below, we respectfully request that the Court
reset the pretrial conference to a date following the conclusion of expert discovery. Despite
efforts to informally address and resolve this matter, PlaintiffQ Creedon Controls, Inc.
("Creedon"), refuses to agree to the requested adjournment. Defendant Forest Electric
Corporation ("Forest"), however, consents to the relief requested herein.
II1 an order dated September 18, 2006, the Court set November 1, 2006, as the date for a
pretrial conference pursuant to Fed. R. Civ. P. 16 and D. Del. LR 16.4. At the request of
Creedon’s counsel, that conference was cancelled and, pursuant to the Court’s order dated
September 25, 2005 (the "Order"), the Court set January ll, 2006 as the date for the pretrial
conference. Under the Order, "[t]he Federal Rules of Civil Procedure and Rule 16.5 of the Local
Rules of Civil Practice for the United States District Court for the District of Delaware
(Amended Effective January 1, 1995) shall govern the pretrial conference? Accordingly, by its
terms, the Order contemplates that the parties to this action will have concluded discovery and
will have discussed and formulated a proposed pretrial order. See Fed. R. Civ. P. l6(c)(10), D.

Case 1:05—cv—00300-JJF Document 153 Filed 11/30/2006 Page 2 of 2
The Honorable Joseph J. Faman, Jr.
November 30, 2006
Page 2
Del. LR l6.4(d). Given the events described below, we believe the parties will be unable
reasonably to fulfill those requirements in time for a conference on January ll, 2007.
As of the date of this letter, the parties have exchanged expert reports, taken the
depositions of Creedon’s expert witnesses and scheduled the deposition of BOBC’s expert
witness for December 20, 2006. However, the only date available for all parties to take the
deposition of Forest’s expert witness is January 15, 2006, and Creedon has noticed the deposition
for that date. Given that the pretrial conference, if it proceeded as currently scheduled, would
occur prior to the deposition of Forest’s expert, it makes little sense to attempt to prepare a
complete pretrial order and to convene a pretrial conference without having fully completed
expert discovery. At a minimum, all of the parties should have the opportunity to depose all the
experts before any pretrial conference to ensure that all issues, disputed or otherwise, may be
identified and addressed in the proposed pretrial order as required by local rule. See D. Del. LR
16.4. Otherwise there is a reasonable likelihood that the parties would again be back before the
Court to resolve any open expert discovery disputes, as well as the proposed pretrial order.
Accordingly, BOBC respectfully requests that the Court adjourn the January ll, 2006
pretrial conference to a date after the scheduled deposition of Forest’s expert. BOBC believes
that such an adjournment is in the interests of the parties and the Court. Moreover, BOBC
respectfully submits that such an adjournment should not serve to delay the trial of this action, as
any trial date will necessarily be dictated by the Court’s calendar in any event.
Naturally, should the Court have any questions, we are available at the Court’s
convenience.

Philir;§1er, Jr. (#2788)
cc: Paul Bradley, Esq. (via efiling)
Robert Beste, Esq. (via ejiling)
175623.1