Rezac v. Atlantic Richfield Co., et al.

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Superior Court of the State of Delaware Jan R. Jurden New Castle County Courthouse 500 North King Street, Suite 10400 Wilmington, Delaware 19801-3733 Telephone (302) 255-0665 Judge August 6, 2010 George T. Lees, III, Esq. Rawle & Henderson LLP 300 Delaware Avenue, Suite 1015 P.O. Box 588 Wilmington, DE 19899-0588 Dawn C. Doherty, Esq. Marks, O Neill, O Brien & & Courtney, P.C. 913 N. Market Street, Ste. 800 Wilmington, DE 19801 Kevin J. Connors, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 1220 North Market Street, 5th Floor P.O. Box 8888 Wilmington, DE 19899-8888 RE: Bruce Rezac v. Atlantic Richfield Company, BP P.L.C., BP Corporation North America, Inc., Chemcentral Corporation, Columbia Cement Co., Inc., DAP Products, Inc., D/B/A DAP, Inc., Deft, Incorporated, Eastman Kodak Company, Fleet Wholesale Supply Co., Inc., Wisc., Hirshfields, Inc., IPS Corporation, ITW Performance Polymers Consumer Division, Mills Fleet Farm, Inc., Pratt & Lambert Paints, Ralph Wilson Plastics Co., Sherwin-Williams Company, Valspar Corporation, Versachem Corp., WD-40 Company, W.M. Barr & Company, Inc., Wilsonart Internation, Inc., IBC TI-Kromatic Paints, Inc., ITW Philadelphia Resins Corporation, Unocal Corporation, F/K/A Union Oil Company of California, William H. Harvey Company C.A. No. 06C-01-208-BEN Dear Counsel: The Court has reviewed the briefing on defendant DAP, Inc. s and I.V.C. North, Inc. s summary judgment motions. Plaintiff shall immediately supplement his discovery responses and advise the Court as to why plaintiff failed to identify Ms. Erikson as a product identification witness before the close of discovery. Without waiving their objections to the alleged discovery violations or impropriety and/or untimeliness of the Erikson affidavit, defendants shall have the option of deposing Ms. Erikson, and plaintiff shall make a good faith effort to secure Ms. Erikson s attendance at such deposition. Once defendants have had to opportunity to depose Ms. Erikson, the Court will hold oral argument on the outstanding summary judgment motions. IT IS SO ORDERED. Very truly yours, Jan R. Jurden Judge JRJ:mls cc: Prothonotary All counsel via Lexis filing 2

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