Free Letter - District Court of Delaware - Delaware

Case 1:O4—cv—O1338-JJF Document 979 Filed O1/31/2008 Page 1 of 1
MORRIS, N1oHOLs, ARSHT & TUNNELL LLP
1201 NORTH MARKET STREET
P.O. Box 1347
WILMINGTON, DELAWARE 19899-1347
302 658 9200
Trrorurs G. GRIMM 302 658 3989 FAX
302 351 9595
302 425 4661 mx January 31, 2008
tg1·imm@mnat. com
The Honorable Mary Pat Thynge BY E-FILING
United States District Court
for the District of Delaware
844 King Street
Wilmington, DE 19801
Re: Honeywell, et al. v. Apple Computer, et al.,
C.A. No. 04-1338%** (Consolidated)
Dear Judge Thynge: ,
Because fact discovery closes today pursuant to the Scheduling Order in this case,
I ain writing to inform the Court of two potential discovery disputes between Honeywell and
Optrex in this matter. We advised counsel for Optrex that we would be sending this letter.
As it currently stands, Honeywell is still discussing these issues with Optrex and
does not believe that the "meet and confer" process has been completed. Nevertheless, given
that fact discovery is set to close today, Honeywell simply wants to preserve these issues, should
the parties not be able to reach a resolution. The first issue relates to documents associated with
the historical work of a witness retained by Optrex, Kevin Hathaway. The second relates to the
production of a witness by Optrex in response to a 30(b)(6) notice served upon Optrex in
December.
We will advise the Court if the parties’ ongoing efforts to resolve these issues are
not successful and we need to submit them to the Court for resolution.
Respectfully,
Thomas C. Grim
TCG
cc: Dr. Peter T. Dalleo, Clerk (by hand)
CM/ECF list (by e-filing)
Non-Stayed Defendants (by e—f1ling & e—mail)
Karen L. Pascale, Esq. (by e-filing & e-mail)