Free Status Report - District Court of Arizona - Arizona

1 Paul M. Levine, Esq. (#007202) 2 3636 North Central Avenue
Suite 1050

McCARTHY HOLTHUS LEVINE

3 Phoenix, Arizona 85012
(602) 230-8726

4 [email protected] 5 Maria Salapska (#019585) 6 PERKINS COIE BROWN & BAIN P.A. 2901 North Central Avenue 7 Post Office Box 400 Phoenix, Arizona 85001-0400 8 (602) 351-8000 [email protected] 9
Attorneys for Plaintiff/Counterdefendant

10 Marlyn Nutraceuticals, Inc. and Third Party Defendant Craig Knobloch 11
UNITED STATES DISTRICT COURT

12
DISTRICT OF ARIZONA

13 14 an Arizona corporation, 15 16 vs. 17 WILLIAM WONG and JANE DOE WONG, 18 JANE DOE BUEHL, husband and wife;
husband and wife; PATRICK BUEHL and WORLD NUTRITION, INC., an Arizona MARLYN NUTRACEUTICALS, INC., Plaintiff, No. CIV 02-1876 PHX-HRH

MARLYN NUTRACEUTICAL, INC.S' CASE STATUS REPORT

19 corporation; ABC Corporations I-X; XYZ 20 JANE DOES I-X, husbands and wives, 21 22 23 24
respectively, Defendants. __________________________________ WORLD NUTRITION, INC., an Arizona corporation, Defendant, Partnerships I-X; and JOHN DOES I-X and

25 Third Party Plaintiff/Counterclaimant/ 26
vs.

27 28 Arizona corporation; and CRAIG
Case 2:02-cv-01876-HRH MARLYN NUTRACEUTICALS, INC., an

Document 313

Filed 08/24/2007

Page 1 of 3

1 KNOBLOCH, 2 3 4 5 6 7 Plaintiff, Marlyn Nutraceuticals, Inc., by and through its counsel
Counterdefendant/Plaintiff/Third Party Defendant

8 undersigned, submits the following Case Status Report. Counsel for Marlyn and 9 Defendants World Nutrition and the Wongs have conferred and have been unable to 10 11 agree to private mediation. Accordingly, the parties request the Court set this case for a 12 Settlement Conference through the Court. Additionally, counsel for Marlyn will submit a 13 form of Judgment to counsel with respect to the Judgment against Defendants Wong and 14 World Nutrition on Marlyn's Trade Secrets claim. It is anticipated that the parties will be 15 able to agree to the form of Judgment. Thereafter, Marlyn will submit its Application for 16 17 Award of Attorney's Fees and Taxable Costs. 18 19 20 21 firm and a new attorney (Pete Boyle) has now been assigned to the case. Prior to Mr. With respect to Defendant Patrick Buehl, he was represented by attorney Sean Plunkett at Jones Skelton & Hochuli. However, Mr. Plunkett recently left the law

22 Plunkett leaving his law firm, there were active discussions regarding a proposed 23 settlement with Mr. Buehl. Undersigned counsel spoke to Mr. Boyle and counsel expect 24 they will be able to agree to a form of Judgment against Defendant Buehl. Also, Mr. 25 Boyle will advise the Court and counsel whether Defendant Buehl will waive his right to 26 27 appeal, which is a condition of Marlyn's acceptance of the Remittitur. It is anticipated 28
Case 2:02-cv-01876-HRH -2 Document 313 Filed 08/24/2007 Page 2 of 3

1 that the parties will be able to stipulate to a form of Judgment with respect to Defendant 2 Buehl. 3 RESPECTFULLY SUBMITTED this 24th day of August, 2007. 4 5 6 7 8 9 10 11 I hereby certify that on August 24th, 2007, 12 I electronically transmitted the attached Document to the Clerk's Office using the 13 CM/ECF System for filing and transmittal Of a Notice of Electronic Filing to the following 14 CM/ECF registrants: 15 Maria Salapska, Esq. PERKINS COIE BROWN & BAIN P.A. 16 2901 North Central Avenue Phoenix, Arizona 85001-0400 17 18 Stephen D. Hoffman, Esq. Lewis Brisbois Bisgaard & Smith LLP 19 2929 N. Central Ave., Suite 1700 Phoenix, Arizona 85012 20 Attorneys for Defendants, CounterClaimant and Third Party Plaintiff 21 ___ 22 Pete Boyle, Esq. Jones, Skelton & Hochuli 23 2901 N. Central, Suite 800 Phoenix, Arizona 85012 24 Attorney for Defendant Patrick Buehl 25 26 27 28
Case 2:02-cv-01876-HRH -3 Document 313 Filed 08/24/2007 Page 3 of 3

McCARTHY HOLTHUS LEVINE

/s/ Paul M. Levine Paul M. Levine 3636 N. Central Ave., Suite 1050 Phoenix, Arizona 85012 Attorneys for Plaintiff/Counterdefendant and Third Party Defendant Craig Knobloch

/s/ Linda S. Ream