Amgen Inc. v. F. Hoffmann-LaRoche LTD et al

Filing 1045

Letter/request (non-motion) from Lloyd R. Day, Jr.. (Rich, Patricia)

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Case 1:05-cv-12237-WGY Document 1045 Filed 09/11/2007 Page 1 of 2 DAY CASEBEER MADRID & BATCHELDER LLP 20300 Stevens Creek Blvd., Suite 400 Cupertino, CA 95014 Telephone : (408) 873-0110 Facsimile: (408) 873-0220 Lloyd K Day (408) 342-4561 lrday@daycasebeer .com September 11, 2007 VIA HAND DELIVERY & ELECTRONIC CASE FILING SYSTEM The Honorable William G . Young District Judge for the District of Massachusetts John Joseph Moakley U .S . Courthouse 1 Courthouse Way Boston, MA 02210 Re : Amgen Inc. v. F. Hoffman-Roche, Ltd ., et al. Civil Action No : 05-12237-WGY Dear Judge Young: Last week, the Court advised the parties that it could not hold any further pre-trial conferences immediately prior to the 9 :00 AM start of trial, nor would it take up trial matters at that time. Rather, the Court directed the parties to raise all such matters during the afternoon, outside the presence of the jury, when both parties could be heard : 9/6/07 Trial Tr . P . 216 :10-16. For the past two days, Roche has ignored the Court's direction, and instead submitted letter briefs to the Court at 7 :30 a.m . each morning asking the Court to rule on various issues presented in its letter prior to 9 :00 AM and without any opportunity for Amgen to respond or be heard on the issues. Amgen objects . Roche's practice not only violates the Court's direct order, but entertainment of this practice by the Court will only invite further abuse, as this morning's letter demonstrates. Respectfully submitted, Lloyd R. Day, Jr. LRD :sv 786696_1 Case 1:05-cv-12237-WGY Document 1045 Filed 09/11/2007 Page 2 of 2 DAY CASEBEER MADRID & BATCHELDER LLP The Honorable William G . Young District Judge for the District of Massachusetts September 11, 2007 Page 2 CERTIFICATE OF SERVICE I hereby certify that this document, filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing and paper copies will be sent to those indicated as on-registered participants. /s/ Patricia R . Rich Patricia R . Rich

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