Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv—01373-KAJ Document 33 Filed 08/25/2005 Page 1 of 1
MORRIS, NICHOLS, ARSHT & TUNNELL
1201 NORTH MARKET STREET
P.O. Box 1347
WILMINGTON, DELAWARE 19899-1347
302 658 9200
302 658 3989 FAX
August 25, 2005
VIA E—EILING
The Honorable Kent A. Jordan
United States District Court
844 King Street
Wilmington, DE 19801
Dear Judge Jordan:
Re: Arnpex Corporation v. Eastman Kodak Company, et al.
C.A. No. 04-1373
I am writing on behalf of plaintiff Ampex to request that Your Honor set a
scheduling conference in this action at the Court's earliest convenience.
This action was stayed pursuant to 28 U.S.C. § 1659, pending final determination
in a related proceeding before the United States International Trade Commission, Investigation
No. 337-TA—527. On August 23, 2005, Ampex filed an August 5, 2005 Order No. 32: hiitial
Determination Granting Complainant's Motion To Withdraw The Complaint And Terminate
Investigation; and an August 23, 2005 Notice Of Commission Decision Not To Review An
Initial Determination Terminating The Investigation (D.I. 31).
According to the terms of the December 7, 2004 Stipulated Motion For A Stay
And To Extend The Time For Defendants To Respond To The Amended Complaint, entered in
this action (D.I. 29), the stay is now lifted and defendants have until September 22 to respond to
the Amended Complaint. Ampex submits however that, subject to the Court’s schedule, a
scheduling conference should go forward in parallel with the pleadings, given that defendants
have previously answered, and have conducted extensive discovery, in the ITC proceeding.
Respectfully,
/s/ Jack B. Blumenfeld
Bar No. 1014
cc: Peter T. Dalleo, Clerk (By E-File)
Paul M. Lukoft, Esquire (By E-File)
Thomas Lee Halkowski, Esquire (By E-File)
Norman H. Beamer (By Facsimile)