Case 1:08-cv-00021-GIVIS-LPS Document 74 Filed 05/27/2008 Page 1 of 1 n
tter
_A]]d€]f`$()}')_ Richard L. Horwitz
` '=·; ‘COrf00H LH) Aiigiiley at Law
1313 North Market Street [email protected]
RO. Box 951 302 984-6027 Direct Phone
Wilmington, DE 19899-0951 302 658~t192 Fax
302 984·6000
www.potterandcrson.c0m
May 27, 2008
. VIA ELECTRONIC FILING
The Honorable Leonard P. Stark
Q United States District Court
g for the District of Delaware
844 N. King Street
Wilmington, Delaware 19801
Re: Forest Laboratories Inc. v. Cobalt Laboratories Inc., et al.,
C.A. No. 08-21··GMS-LPS
Dear Magistrate Judge Stark:
I am writing on behalf of the Orchid defendants as directed during the status call with the
Court on Tuesday, May 10. At this point, the Orchid defendants do not oppose the concept of a
single, consolidated scheduling order for all ofthe actions that were a part ofthe May 10 call,
including the newly—ti1ed action against Orgenus, an Orchid—related entity. Having agreed to that
concept, however, it is without waiver of or prejudice to our motion to dismiss for lack of
personal jurisdiction (and we will most likely take the same lack ofjarisdiction position
regarding Orgenus).
Respectfully,
. /s/ Richard L. Horwitz
I . Richard L. Horwitz
RLH/msb
866l30/ 32657
Enclosure
t cc: Clerk of the Court (via hand delivery)
Counsel of Record (via electronic mail)
Case 1:08-cv-00021-GMS-LPS
Document 74
Filed 05/27/2008
Page 1 of 1