Free Letter - District Court of Delaware - Delaware

Case 1:08-cv-00067-JJF Document 13 Filed O4/10/2008 Page 1 of 2
Candice Toll Aaron
Phone: (302)42l-6875
ru; (3o2)421-sm
Attorneys at Law [email protected]
A Ddkala LLP WV/W.S3Ul.COm
April l0, 2008
The Honorable Joseph J. Farnan, Jr.
United States District Court
District of Delaware
United States Courthouse,
844 King Street
Wilmington, DE 19801
Re: Leonard v. StemTech Health Services, Inc.
C.A. No. 1:08-cv-67 JJF
Dear Judge F arnan:
I write on behalf of Andrew Paul Leonard ("Mr. Leonard"), plaintiff in the above-
referenced action (the "Action"). The Action was commenced by Mr. Leonard on February 1,
2008, against defendant StemTech Health Services, Inc. ("StemTech") because of systematic,
continuous, and ongoing copyright infringement by StemTech against Mr. Leonard. As set forth
in the Complaint (D.l. 1), StemTech has knowingly and willfully infringed on Mr. Leonard’s
copyright with respect to two of his microscopic photographic images, and has continued to do
so even since the filing of the Complaint in this Action.
StemTech’s California counsel, Hollins + Schechter ("l—lollins") answered the Complaint
in this Action on StemTech’s behalf on February 25, 2008. See D.l. 6. Pursuant to Local Rule
83.5, and the Clerk of the Court’s letters to Hollins (see D.l. 9, D.l. 10), StemTech was required
to associate with local counsel no later than March 28, 2008. StemTech, in violation of Local
Rule 83.5, failed to do so.
Upon StemTech’s default, we contacted the Court seeking guidance as to the imposition
of sanctions for StemTech’s failure to associate local counsel, as provided in Rule 83.5. We
learned this week that StemTech contacted the Clerk’s office via telephone ex parte on March
26, 2008 to request an extension of the Rule 83.5 deadline, and was granted one during that call
until April 28, 2008. This extension of time was granted on an ex parte request and without
opportunity for Mr. Leonard to be heard in opposition.
Because the infringement by StemTech at the heart of the Action is ongoing and
persistent, Mr. Leonard is harmed every day that this case languishes in the courts. Conversely,
P.O. Box l266 • Wilmington, DE l9899-1266 • Phone: (302) 42I-6800 • Fax: {302)*121-68l]
Courier Address: 222 Delaware Avenue, Suite I20U • Wilmington, DE l980I—I6II
BALTIMORE CHESTERBROOK HARRISBURG NEWARK PHILADELPHIA PRINCETON WASHINGTON WILMINGTON
557972.1 4/l0/OB A DELAWARE LIMITED LIABILITY PARTNERSHIP

Case 1:08-cv-00067-JJF Document 13 Filed O4/10/2008 Page 2 of 2
The Honorable Joseph J. Faman, Jr.
April 10, 2008
Page 2
because it continues to benefit from its unlawful use of Mr. Leonard’s images, StemTech only
gains by further delay. Thus, I write to respectfully express Mr. Le0nard’s strong objection to
the extension of time granted to StemTech.
Mr. Leonard believes that StemTech’s ex parte request for an extension (made just 48
hours before StemTech would have been in default of its obligations under Local Rule 83.5) is
nothing more than litigation gamesmanship designed to further advantage StemTech to Mr.
Leonard’s great detriment. Thus, Mr. Leonard further objects to StemTech being granted any
additional extensions of time to associate with local counsel. To the extent such an extension is
requested, Mr. Leonard would like an opportunity to oppose it. Further, to the extent StemTech
does not meet the extended April 28 deadline, Mr. Leonard wishes and intends to seek all
appropriate sanctions against StemTech.
As always, I am available at the Court’s convenience to discuss any of the foregoing.
Respectfully submitted,
Candice Toll Aaron (Del. Bar No. 4465)
cc: Sherry H. Flax, Esq.
Kathleen Mary Kushi Carter, Esq.
Michael C. Herzog, Esq.
Clerk of Court (By Hand Delivery)
557971 14/10/08

Case 1:08-cv-00067-JJF

Document 13

Filed 04/10/2008

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Case 1:08-cv-00067-JJF

Document 13

Filed 04/10/2008

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