Free Letter - District Court of Delaware - Delaware

Case 1:08-mc-00063-JJF

Document 2

Filed 04/03/2008

Page 1 of 2

PACHULSKI STANG

G

ZIEHL JONES

James E. O'Neil

April 3, 2008

joneil ~ pszjlaw .com

302.778.6407

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WILMINGTON, DE
LOS ANGELES, CA SAN FRANCISCO, CA

NEW YORK, NY
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BY HAND
Dr. Peter T. Dalleo Clerk of the Court United States District Court for the District of Delaware J. Caleb Boggs Federal Building 844 King Street Wilmington, DE 19801
Dear Dr. Dalleo:

WILMINGTON DELAWARE 19899-8705
(Courier Zip Code 19801)

TELEPHONL 302/652 4100
FACSIMILE, 302/652 4400

Re: DigaComm LLC v. Vehicle Safety & Compliance LLC et aI, Case No. 1:08-mc-00063-UNA
LOS ANGELES

10100 SANTA MONICA BLVD.

11 th FLOOR
LOS ANGELES

CALIFORNIA 90067-4100
TELEPHONE, 310/277 6910

DigaComm, LLC ("DigaComm"), through counsel, respectfully requests that this Court expedite the Petition for Rule to Show Cause to Fish & Richardson P.C. fied on March 31, 2008 (the "Petition") in DigaComm, LLC v. Vehicle Safety & Compliance, LLC, et al., Case No. 08-MC-63.
DigaComm's Petition relates to a subpoena to Fish & Richardson issued by counsel for DigaComm on February 26, 2008. The subpoena was returnable on March 18,2008. As set forth in the Petition, DigaComm has yet to receive any documents or a substantive response to the subpoena from Fish & Richardson. Indeed, the only communication DigaComm has had with Fish & Richardson came in response to counsel for DigaComm's unsuccessful attempt to secure compliance after the response deadline had passed.
Good cause exists to support DigaComm's request to expedite the Petition. The litigation underlying the subpoena is before the Honorable George Lindberg in the Northern District of
Ilinois. Judge Lindberg runs a "rocket docket." Discovery before

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YORK 10017-2024

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68700-001 \DOCS_DE: 136495. i

Case 1:08-mc-00063-JJF

Document 2

Filed 04/03/2008

Page 2 of 2

PACHULSKI STANG

G

ZIEHL
JONE S

April 3, 2008
Page 2
Judge Lindberg runs on a highly compressed schedule - paries

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have a total of four months to complete discovery. Judge Lindberg encourages motions to compel and cautions parties against complacency in asserting their discovery rights.
Under the schedule ordered by Judge Lindberg, DigaComm's expert reports are due in just two months, on June 3, 2008. DigaComm believes that the documents it seeks from Fish & Richardson wil be important to the work of its experts. Over two weeks have passed since a response to the subpoena was due, and DigaComm has yet to receive even a single page from Fish & Richardson.

In order to comply with Judge Lindberg's compressed discovery schedule, DigaComm has put considerable efforts into discovery. But these efforts are to no avail if third paries avoid their obligations to respond to subpoenas. DigaComm, therefore, respectfully requests that this Court expedite its consideration of the Petition and that any briefing or oral argument required by the Court likewise be completed on an expedited basis.

~ilr~
JEO
cc: Cathy L. Reese, Esquire (via hand delivery and email)

Respectfull y,

Brian M. Rostocki Esquire (via hand delivery and email) Joseph L. Fogel, Esquire (via overnight mail and email) John Z. Lee. Esquire (via overnight mail and email) Kellye L. Fabian, Esquire (via overnight mail and email) Reed S. Oslan, P.C. (via email) Stephen C. Hackney, Esquire (via email) Matthew E. Nirider, Esquire (via email)

68700-001 \DOCS_DE: 1 36495. 1