Free Letter - District Court of Delaware - Delaware

Case 1:04—cv—01338-JJF Document 543 Filed 08/31/2006 Page 1 of 1
Mokkrs, NICHOLS, ARSHT & TUNNELL LLP
1201 N oxrn Mmucnr Srxmzr
P.O. Box 1347
WILMINGTON, DELAWARE 19899-1347
302 658 9200
Tuoimxs C. GRIMM FAX
302 351 9595
302 425 4661 FAX August 31, 2006
tgrimm@mnat . com
BY E-FILING
The Honorable Kent A. Jordan
United States District Court
for the District of Delaware
844 King Street
Wilmington, DE 19801
Re: Honemell, etal. v. Aggle Comguter, et al., C.A. No. 04-1338-KAJ
Dear Judge Jordan:
We represent the Honeywell entities in this matter. We write to respectfully request
that the Court hold a teleconference on September 14, 2006 to address Honeywell’s concerns about
the defendants’ failure, as of the date of this letter, to produce a single document and to otherwise
engage in discovery.
On August 25, we contacted chambers and requested dates for a telephonic hearing.
On that same day we circulated dates to the defendants. Two defendant groups, Fuji and the Epson
defendants, have agreed to September 14 at 11:00 a.m. for the proposed hearing. A group of
defendants, however, feel that these issues are not timely and would not agree on a date. For
reasons we would outline substantively in our letter briefing, however, Honeywell believes: (1) that
it has exhausted its efforts to force defendants to produce basic discovery in a timely manner; and
(2) that if defendants are not ordered to produce documents and otherwise engage in discovery-
which to date they have not—then the schedule goveming this case is threatened.
Consequently, we request that the Court hear Honeywell’s concerns regarding
discovery as to the defendant group broadly, and not merely as to Fuji and the Epson entities, on
September 14 at 11:00 a.m. (or such other time as the Court finds convenient). Honeywell is
prepared to substantively brief these issues in a letter on September 7, as required by this Court’s
procedures.
Respectfully, .
Thomas C. Grimm (#1098)
/klm
cc: Dr. Peter T. Dalleo, Clerk (by hand)
CM/ECF list (by e-filing)
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