Free Letter - District Court of Delaware - Delaware

Case 1 :07-cv-00468-JJF Document 23 Filed 12/14/2007 Page 1 of 1
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Amjgyggm Richard L. Horwitz
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1313 North Market Street [email protected]
Ro. s 951 302 984-6027 o‘ 1 tra
Wiimiggton, D1?. 19899-0951 302 658-1192 Fgicc Om 2
302 984-6000
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December 14, 2007
VIA ELECTRONIC FILING
The Honorable Joseph J. Furman, Jr.
United States District Court
844 North King Sweet
Wilmington, DE 19801
Re: ICU Medical, Inc. v. Ryrncd Technologies, Inc.
C.A. No. 07~468··J.Hi`
Dear Judge Farnan:
We have just received a copy of a letter sent to Your Honor by counsei for Ryh/led
Technologies in the above-referenced matter, referring to a reassignment order in a case tiled in
the Centrai District of California. That case, which was filed several months after this action
which is pending before Your Honor, was a basis for RyMed's motion for transfer (DI. 10)
which has been briefed and which Your Honor ordered be submitted without oral argument.
Since Rymed's counsel provided the Court with information about that California action, we
thought it also important to inform the Court that ICU, plaintiff in this action and defendant in
the second-filed action in California, has, on November 30, 2007 fiied a motion with that court to
dismiss or stay that action pending this Court‘s decision on the motion which is pending before
Your Honor. As ICU has pointed out in that motion, issues of federal comity dictate that the
California court await Your I~lonor's decision on RyMed's motion to transfer.
Respectfully submitted,
` /8/ Richard L. Horwitz
Richard ii. Horwitz
RLH/msb
837802 / 32116
cc: Clerk of the Court (via hand delivery)
A11 Counsel of Record. (via electronic mail)