Free Letter - District Court of Delaware - Delaware

Case 1 :O7—md—O1848-GIVIS Document 325 Filed O9/O3/2008 Page 1 of 2
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
120]. Nomsrrr MARKET STREET
P.O. Box 1347
WILMINGTON, DELAWARE 19899-].347
302 658 9200
i JACK B. BLUMENFELD FAX
202 251 9291
302 425 3012 FAX
jb1ume¤[email protected] September 3, 2008 `
The Honorable Gregory M. Sleet VIA ELECTRONIC FILING
’ United States District Court
‘ For the District of Delaware
844 North King Street
Wihnington, DE 19801
_ Re: In Re Rembrandt/MDL Docket N0. 07—md—I848 (GMS)
Dear Chief Judge Sleet: _ `
i We have received Rembrandt’s six-page August 29 letter to Your Honor
concerning discovery and requesting an extension of the dates in the Scheduling Order.
Rembrandt did not confer with us about the proposal attached to its letter or advise us that it was
· going to send that letter. Given Paragraph 5(b) of the Scheduling Order (DJ. 126) concerning
"Discovery and Scheduling Matters," and in the absence of any discussion of Rembrandt’s
proposal by the parties, All Other Parties do not intend to respond to Rembrandt’s letter unless
the Court requests that we do so. Ir] however, the Court; is going to consider Rernbrandt’s letter,
we request the opportunity to respond.
. We nevertheless feel compelled to note that we disagree with Rembrandt’s four-
page discussion of discovery issues. We will continue to meet and confer about those issues, as
well as about the significant discovery issues on our side -— including those relating to the 3,000
boxes of Zhone/Paradyne documents and 2200 back—up tapes that were only disclosed to us
recently, after many of the documents apparently had been destroyed during litigation. We also
intend to meet and confer to see whether the parties can agree on an adjustment to the schedule
for submission to the Court. To the extent that the parties are not able to resolve their scheduling
or discovery issues, we intend to follow the procedures set forth in paragraph 5 (b) of the
— Scheduling Order.
Respectfully,
Blurnenfeld
_ JBB/dlb

Case 1:07-md—O1848-GIVIS Document 325 Filed O9/O3/2008 Page 2 of 2
The Honorable Gregory M. Sleet
September 3, 2008
_ Page 2
cc: Clerk of Court (Via Hand Delivery)
Collins J. Seitz, J r., Esquire (Via Electronic Mail)
Francis DiGiovanni, Esquire (Via Electronic Mail)
John W. Shaw, Esquire (Via Electronic Mail)
Eric R. Lamison, Esquire (Via Electronic Mail)
David S. Benyacar, Esquire W ia Electronic Mail)
Edward R. Reines, Esquire (Via Electronic Mail)
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