Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00457-SLR Document 34 Filed 11/07/2007 Page 1 ot 2
L Monnrs, NICHOLS, Ansr-1T & TUNNELL LLP
12Ul NORTH MARKET STREET
P.O. Box 1347
WILMINGTON, Dnulwnmt 19899-1347
302 658 9200
RODGERD SMITH H 302 658 3989 Fax
302 351 9205
302 isa 6209 FAX
,,m,,b@m,,_cOm November 7, 2007
BY E-FILING
The Honorable Mary Pat Thynge
United States District Court
For the District of Delaware
. 844 North King Street
Wilmington, DE 19801
Re: Cancer Research Technology, Ltd. et al. v. Barr Laboratories, Inc. et~al.,-
C.A. No. 07-457 g***) 5 ’
Dear Judge Thynge: ‘
We represent plaintiffs Cancer Research Technology (“CRT") and Schering.
Yesterday, in accordance with the Court’s Scheduling Order, plaintiffs submitted a letter-brief
addressing outstanding issues related to the_ protective order governing discovery in this matter.
In that letter—briet, plaintiffs identified what plaintiffs understood to be the only two points of
disagreement between plaintiffs and defendants based on several weeks of negotiations.
At 3:08 this afternoon, defendants submitted a letter—brief to Your Honor
purportedly in response to plaintiffs’ letter. Defendants did not address the issues raised in
plaintiffs’ letter-brief -— instead, defendants attached an entirely new protective order with
provisions that defendants had not previously provided to plaintiffs over the course of more than
two weeks of negotiations. Defendants? last minute substitution of an entirely new protective
order less than a day before the hearing is highly prejudicial to plaintiffs. Plaintiffs respectfully
request the opportunity to consider defendants’ new proposal internally and to discuss that
proposal with defendants. Accordingly, we respectfully request that the telephone conference
scheduled for tomorrow afternoon be continued to a date during the week of November 12 at a
time that is convenient for the Court to provide plaintiffs adequate time to consider and respond
to defendants’ new proposed protective order.
Respectfully
Smith II

Case 1 :07-cv-00457-SLR Document 34 Filed 1 1/07/2007 Page 2 of 2
The Honorable Mary Pat Thynge
November 7, 2007
Page 2
cc: Clerk ofthe Court (By E-Filing)
John C. Phillips, Jr., Esquire (By E-Filing and E-Mail)
Brian E. Farnan, Esquire (By E-Filing and E-Mail)
Taras A. Gracey, Esquire (By E—Mail)
Jesse J. Jenner, Esquire (By E—Mail)
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