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 DEFENDANTS WORLD NUTRITION AND WILLIAM AND MICHELE WONG'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 4826-0902-2722.1

Document 338

Filed 01/25/2008

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LEWIS BRISBOIS BISGAARD & SMITH LLP

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Defendants World Nutrition, Inc. and William Wong and Michele Wong (collectively "Defendants"), hereby provide their Status Report to the Court pursuant to this Court's November 29, 2007 Order. On January 7, 2008, Magistrate Judge Edward C. Voss held a court-assisted settlement conference. Although the parties did not reach a settlement at the conference, significant progress was made. Marlyn presently has a global settlement demand pending to all Defendants, which demand is set to expire on February 12, 2008 at 5:00 p.m. With respect to the Court's request for a telephonic scheduling and/or planning conference before the end of January, 2008, Defendants' counsel is generally available January 28, 2008 through January 31, 2008, with the exception the morning of January 29th due to a previously scheduled deposition of counsel's client in another case. (Counsel also has a hearing and deposition scheduled for Friday February 1, 2008.) Counsel for

Defendants would respectfully request, however, that the scheduling conference be set for some time after February 12th, 2008. With respect to the Court's inquiry on discovery, Defendants would propose that the Court set a date certain to identify the witnesses and exhibits the parties intend to utilize at trial, with an order to physically produce copies of the exhibits to the opposing party. The parties have not discussed reopening discovery, other than the discussions held at the informal status conference held by the Court on November 6, 2007. In light of the prior issues involving discovery and evidence, Defendants would also request that the Court set a deadline and briefing schedule for the filing of motions in limine with respect to the new trial. Defendants would also request that the Court schedule oral argument on those motions in advance of the new trial date.
DATED this 25th day of January, 2008. LEWIS BRISBOIS BISGAARD & SMITH, LLP

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

Case 2:02-cv-01876-HRH
4826-0902-2722.1

Document 338

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Filed 01/25/2008

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LEWIS BRISBOIS BISGAARD & SMITH LLP

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CERTIFICATE OF SERVICE
I hereby certify that on the 25th day of January, 2008, a copy of the foregoing DEFENDANTS WORLD NUTRITION AND WILLIAM AND MICHELE WONG'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
4826-0902-2722.1

Document 338

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Filed 01/25/2008

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