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laranger

07/14/05 3:30 PM

#118709 RE: mschere #118700

Mschere.

Some believe that, since the confirmation action comes under the Federal Rules of Civil Procedure, that 30 days is standard for Nokia's response.

Ghors mentioned this yesterday, citing certain passages of the FRCP, but did not mention 30 days.

I couldn't find his reference, but maybe O'Dog can.


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olddog967

07/14/05 3:37 PM

#118711 RE: mschere #118700

mschere: IMO the five day rule would apply to IDCC's original motion to confirm. However, since Nokia intends to file a new separate motion to vacate the award, I assume that IDCC would have had only ten days to reply. The agreement gives IDCC additional time to file their detailed response to whatever Nokia is claiming. Just my non legal opinion.


Was not the rule that Nokia had 10 days and then each of the Parties had 5 Days each to reply? If so has not IDCC agreed to graciously permitted Nokia a far longer Time Frame than required by Law by extending the outside date to September 12? Since the OVERWHELMING BURDEN of PROOF rests with Nokia, I fail to understand IDCC's generosity. TIA