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U.S Philips Corp. v. Wings Digital Corp.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


December 22, 2005

U.S PHILIPS CORP., A DELAWARE CORPORATION, ET AL., PLAINTIFFS,
v.
WINGS DIGITAL CORP., A DELAWARE CORPORATION, AND MANINDER SETHI, DEFENDANTS.

The opinion of the court was delivered by: Lindsay, Magistrate Judge

ORDER

In compliance with this court's August 31, 2005 order directing the defendants to notify the undersigned within two weeks of the conclusion of the bankruptcy proceedings, defendants have advised, by letter dated December 14, 2005, that the bankruptcy matter has been resolved and that the Bankruptcy Court's December 1, 2005 order vacated the automatic stay of this action as against Wings Digital Corporation. Defendants also request that a conference be scheduled to address discovery issues that have arisen in this case, acknowledging that while the stay in this case has not yet been lifted, this case should now proceed against defendant Sethi in light of the conclusion of the bankruptcy matter.*fn1 By letter dated December 19, 2005, the plaintiffs have responded to the defendants' December 14, 2005 letter and defendant Sethi has submitted an unauthorized reply letter dated December 19, 2005.

Given the conclusion of the bankruptcy matter, the stay of this case is hereby rescinded and this case shall proceed in the ordinary course in accordance with the following schedule:

March 31, 2006 All discovery (fact and expert) shall be completed.

April 14, 2006 Any party seeking to make a dispositive motion shall take the first step in the motion process by this date. The parties are directed to Judge Platt's rules in this regard.

April 28, 2006 Final conference before the undersigned at 11:00 a.m.. The parties shall electronically file their proposed joint pretrial order in advance of the final conference.

With regard to the defendants' request for a conference to address its objections to the document demands served by the plaintiffs, the court declines to schedule a conference at this time. Defendants have not indicate what efforts, if any, have been made to resolve this issue prior to seeking court intervention. Accordingly, the parties are directed to meet and confer in good faith. If the parties are unsuccessful in resolving this issue, defendants may raise their objections in a letter and plaintiffs may respond by letter. Each of these letters shall not exceed three pages.

SO ORDERED.

ARLENE R. LINDSAY United States Magistrate Judge


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