Free Letter - District Court of Delaware - Delaware

Case 1 :06-cv-00726-JJF Document 47 Filed 05/O9/2007 Page 1 of 4
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:’l.ir0rney:¢ at law
lrlercules lliaza, Suite 5100
l5l5 Marlret Street
`RO. Box l709
wirmaagtsn. os 19899-1709 _ F»®¤¤h¤=j¤¤
Fax 302 421 8590 direct fax: 302.6%..4739
i i [email protected]
May 9, 2007
The Honorable Judge Joseph J. Farnan, Jr.
United States District Court for the
District of Delaware
844 N. King Street, Lock Box 27
Wilmington, DE 19801
Re: LG. Philips LCD Co., LCD v.
Chi Mei Optoelectronics Cor___¤.·, C.A. 06-—726—JJF
Dear Judge Farnan:
i write in response to Mr. Kirk’s letter in the referenced matter, which letter was
served yesterday.
Mr. Kirk’s proposal would prejudice my client wfairly. Mr. Kirk has proposed
that the time within which he must tile his answering brief on ViewSonic’s motion to stay be
extended to l\/lay 30, 2007. However, that would eliminate ViewSonic’s opportunity to reply.
The history of this motion is as follows. The motion was originally tiled on April
9 as one of three motions to he heard on the Court’s May 4 motion day. Mr. Kirk contacted
counsel and asked for more time in which to respond to the motions. Consequently, on April. 30
ViewSonic withdrew its three pending motions and re-filed them on May l, set for hearing on
the Court’s June l motion day. That tiling date would make Mr. Kirk’s brief doe on May l5, or
35 days after the motion was originally tiled. That schedule would have allowed ViewSonic
only one week for its reply, while Mr. Kirk would have had 35 days to prepare his answering
brief.
Now, Mr. Kirk wants 52 days to prepare his answering brief, leaving ViewSonic
no opportunity to reply. That would be iriequitable, to say the least.
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Case 1:06-cv-00726-JJF Document 47 Filed 05/O9/2007 Page 2 of 4
at
The Honorable Judge Joseph 3. Farnan, Jr.
Page 2
May 9, 2007
Mr. Kirk correctly points out that there are several pending motions tiled by
ViewSonic, including the foregoing motion to stay, a motion for a more definite statement, and a
motion to dismiss. As a dispositive motion, ViewSonic’s motion to dismiss will be heard on a
longer briellng schedule to be agreed upon bythe parties subject to the approval ofthe Court.
Under the Conrt’s standing order, however, the other two motions are on a separate schedule,
and set to be heard within 30 days of failing.
ViewSonic recognizes that all three of its pending motions are logically inter-
related. Perhaps all of these issues could be resolved by permitting the parties to set a brietlng
schedule for the three motions so that they can all be heard together.
Counsel are available for consultation if the Court has any questions.
.Respectfully,
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Edmond iD. Johnson
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cc: Clerk ofthe Court (by hand)
Counsel as shown on the attached certillcate
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Case 1 :06-cv-00726-JJF Document 47 Filed 05/O9/2007 Page 3 of 4
CERTIFICATE OF SERVICE
The undersigned counsel certifies that, on May 9, 2007, he electronically flied the
foregoing document with the Clerk of the Court using CM/ECP, which will send automatic
notification ofthe tiling to the following:
Richard D. Kirk Karen L. Pascale
The Bayard Firrn John W. Shaw
222 Delaware Avenue, Suite 900 Young Conaway Stargatt & Taylor, LLP
P.O. Box 25130 The Brandywine Building
Wilmington, DE 19899 1000 West Street, 17th Fioor
P.O. Box 391
Wilmington, DE i9899~0391
Philip A. Rovner Wiliiarn E. Manning
Dave E. Moore Jennifer M. Becne1~Gn2:zo
Potter Anderson & Corroon LLP Buchanan lngersoli & Rooney
1313 North Market Street The Brandywine Building
Wilmington, DE 19899-0951 1000 West Street, Suite 1410
Wilmington, DE 19801
The undersigned counsel further certifies that copies of the foregoing document
were sent by email to the above counsel on May 9, 2007, and were sent by email on May 9,
2007, to the following non—registered participants:
John N. Zarian Vincent K. Yip
Sarnia McCall Peter J. Wied
Matthew D. Thayne Jay C. Chiu
J. Walter Sinciair Patil, Hastings, Janofsky & Walker LLP
Steel Rives LLP 515 South Flower Street
101 S. Capitol Blvd., Suite 1900 Twenty—Fifth Floor
Boise, ID 83702 Los Angeles, CA 9007}.
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Case 1 :06-cv-00726-JJF Document 47 Filed 05/O9/2007 Page 4 of 4
Kenneth R. Adamo Bryan J. Sinclair
Robert C. Kahrl Karineh Khachaiourian
Arthur P. Lieygiewicz Buchanan Ingersoll & Rooney
Jones Day 333 Twin Dolphin Drive
North Point Redwood Shores, CA 940654418
90E Lakeside Avenue
Cleveland, OH 441 i·4—l 190
is! Edmond D. Johnson
Edmond D. Johnson (Id# 2257)
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