Free Status Report - District Court of Arizona - Arizona

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Stephen D. Hoffman, #13875 LEWIS BRISBOIS BISGAARD & SMITH LLP Phoenix Plaza Tower II 2929 North Central Avenue, Suite 1700 Phoenix, Arizona 85012-2761 Telephone: (602) 385-1040 Facsimile: (602) 385-1051 Attorneys for Wong and World Nutrition

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

MARLYN NUTRACEUTICALS, INC., an Arizona corporation, Plaintiff,

No. CIV 02-1876 PHX-HRH DEFENDANT WORLD NUTRITION, INC.'S STATUS REPORT TO THE COURT (Assigned to The Honorable H. Russell Holland)

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vs.
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WILLIAM WONG and JANE DOE WONG, husband and wife; PATRICK BUEHL and JANE DOE BUEHL, husband and wife; WORLD NUTRITION, INC., an Arizona corporation; ABC Corporations I-X; XYZ PARTNERSHIPS I-X; and JOHN DOES I-X and JANE DOES I-X, husbands and wives, respectively, Defendants,

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WORLD NUTRITION, INC., an Arizona corporation, Third Party Plaintiff/Counterclaimant/ Defendant, vs.

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MARLYN NUTRACEUTICALS, INC., an Arizona Corporation; and CRAIG KNOBLOCH, Counterdefendant/Plaintiff/Third Party Defendant.

Case 2:02-cv-01876-HRH 4821-5069-2866.1

Document 380

Filed 06/26/2008

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LEWIS BRISBOIS BISGAARD & SMITH LLP

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Defendant, World Nutrition, Inc. (hereinafter "World Nutrition"), by and through counsel undersigned, and pursuant to the Court's June 11, 2008 Order (Clerk's Docket number 377), hereby submits its Status Report to the Court. Initially, Defendant would note that Marlyn has filed a motion requesting that Marlyn be permitted to file its status report on or before July 10, 2008. Counsel for Plaintiff and Defendant have not yet had any substantive discussions regarding the Court's order1. Thus, the following report pertains solely to World Nutrition's response to the Court's inquiries, and World Nutrition may need to supplement its status report after consultation with Plaintiff's counsel. (1) Proposal for a retrial date:

Defendant proposes a re-trial date in the first two weeks in November, 2008. (2) Comments on the Court's proposal for the Retrial of the Case as to Damages:

Defendant is willing to work with Plaintiff in attempting to fashion a mutually agreeable fair and reasonably detailed summary as suggested by the Court. If an

agreement cannot be reached, then World Nutrition is agreeable to proceeding with the Court's next recommendation of taking Plaintiff's suggestion, followed by World Nutrition's objections and/or proposals for additions or deletions, and having the Court then formulate the description. (3) Further Suggestions Regarding a Plan for Retrial:

Defendant does believe that it may be necessary to address some evidentiary issues that pertain to the re-trial through pre-trial motions. Defendant does not anticipate the need for lengthy or voluminous motions, and Defendant will certainly attempt to address the issues with directly with Plaintiff prior to the re-trial to avoid any unnecessary motions. Defendant understands the Court's position that the retrial "should be a 'snapshot' of plaintiff's losses attributable to defendant's wrongful conduct up to the point of the first trial of this case," and the Court's position that the other issues previously raised and
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Counsel had e-mail/voice mail exchanges, but were not successful in speaking directly prior to Plaintiff's counsel's trip out of the country.

Case 2:02-cv-01876-HRH
4821-5069-2866.1

Document 380

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LEWIS BRISBOIS BISGAARD & SMITH LLP

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reference in the Court's June 11, 2008 Order (Clerk's docket #377) are "irrelevant to a retrial of damages issues in this case." Defendant's concerns for the potential pre-trial motions concern other, unrelated issues. Accordingly, Defendant would request a briefing schedule for those pre-trial motions. (4) Agreement to Conclude the Litigation as Suggested by the Court:

Not applicable to Defendant at this time.
DATED this 26th day of June, 2008. LEWIS BRISBOIS BISGAARD & SMITH, LLP

By: /s Stephen D. Hoffman Stephen D. Hoffman Attorneys for Wong and World Nutrition

Case 2:02-cv-01876-HRH
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LEWIS BRISBOIS BISGAARD & SMITH LLP

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CERTIFICATE OF SERVICE
I hereby certify that on the 26th day of June, 2008, a copy of the foregoing WORLD NUTRITION'S STATUS REPORT TO THE COURT was filed electronically. A Notice of Electronic Filing (NEF) will be sent by operation of the Court's Electronic Case Filing (ECF) system to the filing party, the assigned Judge and any registered user in the case as indicated on the NEF. All other parties will be served by regular U.S. mail. Parties may access this filing through the Court's system.

____S/Stephen D. Hoffman________________ Stephen D. Hoffman LEWIS BRISBOIS BISGAARD & SMITH LLP Phoenix Plaza Tower II 2929 North Central Avenue, Suite 1700 Phoenix, Arizona 85012-2761 Telephone: (602) 385-1040 Facsimile: (602) 385-1051

Case 2:02-cv-01876-HRH
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