Free Letter - District Court of Delaware - Delaware

Case 1 :97-cv-00586-SLR Document 428 Filed 09/21 /2005 Page 1 of 2
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FFIANKFURT
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September 2l, 2005 Mgfstcéw
SINGAPORE
EQLDGEY
TORONTO
The Honorable Kent A. Jordan
United States District Judge
United States District Court
for the District of Delaware
844 King Street
Wilmington, Delaware 19801
Re: Ronald Cantor, et al. v. Ronald O. Perelman, et al.,
Civil Action No. 97-586 {KAJ [
Dear Judge Jordan:
Enclosed please find defendants proposed scheduling order, which
differs with a form of order that we understand plaintiffs intend to file in just one
respect. After extensive discussions with plaintiffs, we reached agreement on all
dates except the date by which the parties are to file Daubert motions.
As Your Honor's standard scheduling order form contains a Daubert
motion deadline, defendants asked plaintiffs to include such a deadline in the
schedule and to set it for June 1, 2006. Plaintiffs responded that the order should
have two Daubert motion deadlines — June l, 2006 for new expert testimony to be
identified, and November 1, 2005 for expert testimony already identified.
Defendants submit that having two deadlines will be wasteful because
the parties will have to brief and argue Daubert issues twice, and the Court will have
to issue two separate opinions on such issues. There is no coutervailing benefit that
justifies addressing Daubert issues twice. An order that requires all such objections
to be filed by June 1, 2006 — more than four months before the trial date — will give

Case 1:97-cv—OO586-SLR Document 428 Filed O9/21/2005 Page 2 of 2
The Honorable Kent A. Jordan
September 21, 2005
Page 2
the parties and the Court sufficient time to resolve all Daubert objections before the
trial begins.
lf Your Honor has any questions about the foregoing, counsel is
available at the convenience of the Court.
Respectfully,
Paul J. Lockwood I
cc: Philip Trainer, Jr., Esq.
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