Free Letter - District Court of Delaware - Delaware

Case 1:05-cv-00298-JJF Document 85 Filed O4/26/2006 Paget of 2
FOX • ROTl—ISCI—IILD....
ATTORNEYS AT LAW
(ilTlZENS BANK CENTER • Sum: 1300 • 919 NoRTH MAIKKET STREET • P.O. Box 2323 • W1LMiNcTON. DE 19899-2323
$02654.7444 * FAX 302.656.8920 * www.{oxrothschi1d.com
Francis GX. Pileggi
Direct Dial: (302) 655-3667
Internet Address: fpileggi@foxrothschi|d.com
April 26, 2006
VIA eFILING
The Honorable Joseph J. Faman, Jr.
United States District Judge
U.S. District Court for the
District of Delaware
844 King Street
Lock Box 27
Wilmington, DE 1980]
Re: Seinfeld v. Barrett, etal., No. 05-298 {UF)
Dear Judge Farnan:
At the request of defense counsel and as a courtesy to him, as well as to provide
clarification to the Court, I submit herewith a revised Scheduling Order to make clear that the
enclosed proposed form of order is from Plaintiff. However, the only difference from
Defendant’s form of order is the number of depositions allowed pursuant to Section 4(d) of the
attached proposed form of order.
Although we have tried in good faith, regrettably the parties have not been able to submit
a Joint Stipulated Proposed Scheduling Order, although fortunately there is only one discrete
issue for this Court to decide in order to finalize the Scheduling Order.
It would be contrary to our economic interests to take more depositions than necessary,
and our goal is to obtain an adjudication as soon as possible. Despite the number authorized, we
will not take any more depositions than necessary.
The only issue is the number of depositions that can be taken. Plaintiff believes strongly
that approximately eighty depositions are needed based on the persons already identified in
pleadings and other documents filed by Intel and the other Defendants in this action thus far.
Specifically, there are forty-six persons identified as being members of a proxy team who
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Case 1:05-cv-00298-JJF Document 85 Filed O4/26/2006 Page 2 of 2
worked on the proxy that is the focus of this litigation, in addition to the directors and the
executive officers identified in the proxy statement. Also, several experts have already
submitted what amounts to expert reports and of course we need to depose them as well. We
also expect to depose an expert on executive compensation and an accountant as well as persons
identified on Intel’s website.
We would prefer to ask the Court for approval to take these depositions at this early
juncture, if they are needed, as opposed to waiting until discovery is underway before requesting
approval from the Court by motion at a later time with an impending deadline.
Respectfully submitted,
Yigyéé/¢¢¢ Francis G.X. Pileggi (#2624)
FGXP:mar
Enclosure
cc: Stephen C. Norman, Esquire (via eFiling)
A. Arnold Gershon, Esquire (via e-mail)
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