Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01452-JJF Document 69 Filed O9/06/2006 Page 1 of 2
Rncnanoss, Lmrrorsi 6. Frmcsezn
A PROFESSIONAL ASEOCIATION
Cm; Ftoomsv Souane
920 Nonrrt Kane Smear
A M S WILMINGTON, Damwanrz resescat Dtftim Dm'- NUMBER
°"`“"""`"" 000 05.-7700 asm ·-me
SCHWARTZCUQRLP CGM
FAX (30E} GSI-770l
WWW.Rl...F.COM
September 6, 2006
BY ELECTRONIC FILING AND HAND DELIVERY
The Honorable .Joseph J., Farnan, Jr,
United States District Court for
the District of Delaware
844 King Street
Wilmington, Delaware l980l
Re: E.I. DuPont de Nemours v. Great Lakes Chemicals,
C.A. No. 04-1452-JJF W
Dear Judge Farnan:
I write on behalf of defendant Great Lakes Chemical Corporation ("Great Lakes" or
“Defendant"), the defendant in the ahovecaptioned action
Great Lakes has tiled today a Motion for Temporary Restraining Order And Expedited
Preliminary Iniunction. As the Court may recall from Defendant’s Answer and Counterclaim as
well as several briefs that have been previously submitted in this matter, Defendant long ago
raised concerns with Plaintiff E,}. DuPont de Nemours ("DuPont" or "Plaintift") regarding
DuPont’s improper attempts to utilize the very existence of this lawsuit for commercial and
competitive advantage in its customer negotiations and marketing efforts. Rather than
acknowledging or seeking to ameliorate Defendanfs concerns, Plaintiff has recently revamped
its efforts to turn this pending legal dispute into the centerpiece of a marketing campaign. With
Plaintiff having openly rebuked Defendant’s prior requests not to involve customers in the
lawsuit, and in view of the commercial significance of Plaintiffs new "approach" to utilizing
this lawsuit as a marketing tool, Defendant has no choice but to immediately approach the Court
for a temporary restraining order and preliminary injunction,
Because of the urgency of Great Lakes’ motion and the substantial, continuing
irreparable harm that Great Lakes is suffering, Great Lakes respectfully requests that this matter
be promptly considered for issuance of a temporary restraining order. Great Lakes further
requests that the Court schedule an expedited hearing within the coming days, to enable the
Court’s prompt consideration of a preliminary injunction.
The requests for a temporary restraining order and an expedited preliminary injunction
are fully supported by the papers tiled todayi In order to ensure that Plaintiff has ample notice of
nrrracssisr-r

Case 1:04-cv-01452-JJF Document 69 Filed O9/06/2006 Page 2 of 2
The Honorable Joseph J. Farnan, Jr
September 6, 2006
Page 2
Det`er1dant’s motion, Great Lakes is serving copies of today’s filings on Plaintiff by electronic
mail and Federal Express.,
Should the Court have any questions concerning the foregoing, or if we can provide any
iiutlier infonnation, counsel is available to discuss the Courfs scheduling preferences at the
Court’s earliest convenience.
Respectfully,
AMS/afg
cc: Richard Lt Horwitz, Esquire (by electronic tiling, electronic mail and band delivery)
Bruce Di DeRenzi, Esquire (by electronic mail)
John T. Gallagher, Esquire (by electronic mail)
Frederick L, Cottrell, Ill, Esquire
RLFI-3055457-l