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Case 1 :04-cv-01414-SLR Document 53 Filed 08/31/2005 Page 1 of 3
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ATTORNDS AND COUNSELLORS AT LAW
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R. KARL HILL
PATRICIA P.
KEVIN A. GUERKE. August 31, 2005
VIA QM/ECF & HAND DELIVERY
The Honorable Sue L. Robinson
J. Caleb Boggs Federal Building
844 N. King Street, Room 6124
Lockbox 31
Wilmington, DE 19801
Re: Lancaster Composite v. Hardcore Composite and Scott Hemphill
Civil Action No. 04-1414 (SLR)
Dear Judge Robinson:
In preparation for the discovery status conference on September l, 2005, we hereby
provide the Court with the status of discovery.
• By way of background, a discovery conference was held on June 27, 2005 (which
Mr. Hemphill failed to attend). Our letter to you dated June 24, 2005 described the
status at the time of that conference.
• As noted in our June 29, 2005 letter to you, Mr. Hemphill failed to submit any
discovery responses on June 27, 2005 (the response date), nor has he ever provided
the Rule 26 Disclosures.
• On June 30, 2005, Mr. Hemphill produced a stack of documents, purportedly
responsive to the discovery requests of Lancaster Composite. However, the
dociunents were provided in no particular order, and Mr. Hemphill did not provide at
that time any formal response to the discovery requests or explanation as to which
documents were responsive to which interrogatories or document request.
• On July 18, 2005, this Court entered an Order directing Mr. Hemphill to respond to
all outstanding discovery requests on or before August 18, 2005, or show cause why
judgment should not be entered against him.

Case 1:04-cv-01414-SLR Document 53 Filed 08/31/2005 Page 2 of 3
The Honorable Sue L. Robinson
August 31, 2005
Page 2
• On August 18, 2005, Mr. Hemphill filed and served documents he designated his
"Response to First Request for Production of Documents and Things" and
"Response to First Set of Interrogatories."
• In his "Responses," Mr. Hemphill failed to provide any meaningful information,
particularly with respect to identifying facts and infomation relevant to Mr.
Hemphill’s alleged defenses, and facts and infomation relevant to Lancaster
Composite’s claim of patent inhingement. Mr. Hemphill’s "Resp0nses" did not
provide any additional explanation for or guide through the docrunents produced on
June 30, 2005.
• Additionally, in his "Responses" to the Interrogatories, Mr. Hemphill, for the first
time, identified six individuals who allegedly have information relevant to Mr.
Hemphill’s defense of patent invalidity. However, Mr. Hemphill failed to provide
identifying infomation for those individuals and failed to provide any indication as
to what infomation those individuals may have.
• Additionally, in his "Responses" to the Interrogatories, Mr. Hemphill identified ll
individuals (in addition to Mr. Robert Greene, President of Lancaster Composite),
who allegedly have infomation relevant to the claims or defenses in this matter.
However, Mr. Hemphill failed to provide identifying infomation for those
individuals and failed to provide any indication as to what infomation those
individuals may have.
• Contrary to this Court’s Order of February 24, 2005, directing that all document
production be completed on or before June 1, 2005, on August 18, 2005, Mr.
Hemphill served upon Lancaster Composite, Inc. his "First Request for Production
of Documents and Things," seeking voluminous documents, many of which have no
relevance to the claims of Lancaster Composite or the asserted defenses of Mr.
Hemphill.
Lancaster Composite hopes to explore with the Court at the Status Conference how the
Court wishes to proceed, and specifically whether Lancaster Composite should file a motion for
sanctions. However, under this Court’s initial scheduling order, all discovery is to be completed
by October 1, 2005. Meeting that discovery date is impossible, given Mr. Hemphill’s consistent
failure to comply with both the Federal Rules of Civil Procedure and this Court’s Orders
regarding discovery and management of this case.
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Case 1:04-cv-01414-SLR Document 53 Filed 08/31/2005 Page 3 of 3
The Honorable Sue L. Robinson
August 31, 2005
Page 3
Thank you for your attention to this matter.
Respectfully submitted,
Kevin A. Guerke
(DE ID No. 4096)
cc: Clerk of Court W ia EM/ECF & Hand Delivery)
George C. Wemer, Esquire (via e-mail)
Salvatore Anastasi, Esquire (via e-mail)
W. Scott Hemphill (via e-mail)
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