Free Stipulation - District Court of Delaware - Delaware

Case 1:04-cv-01505-Gl\/IS Document 81 Filed 03/23/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

THERMO FINNIGAN LLC, )
Plaintiff and I
Counterclairn Defendant, )
v. I Civil Action No.: O4-l 505—GI\/IS
APPLERA CORPORATION, I
Defendant and I
Counterclaim Plaintiff. )

STIPULATED AMENDED SCHEDULING ORDER
IT IS HEREBY STIPULATED, by and between counsel for the parties, subject to the
approval of the Court, that the May 9, 2005 Scheduling Order be amended as follows;
5. Discovery. All discovery in this case shall be initiated so that it
will be completed on or before June 16, 2006. Expert Discovery in this ease shall
be initiated so that it will be completed on or before September I, 2006.
8. Summary Judgment Motions. Prior to tiling any summary
judgment motion, the parties must submit letter briefs seeking permission to tile
the motion. The opening ietter brief shall be no longer than tive (5) pages and
shall he flied with the Court no later than September 8, 2006. Answering letter
briefs shall be no longer than tive (5) pages and tiled with the court no later than
September i5, 2006. Reply letter briefs shall be no ionger than three (3) pages
and filed with the Court on or before September 20, 2006. The Court shall hold a
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Case 1:04-cv-01505-Gl\/IS Document 81 Filed 03/23/2006 Page 2 of 4
status conference by telephone to hear argument and to detennine whether the
tiling of any motion will be permitted on September 27, 2006 at 1:00 pm.
Unless the Court directs otherwise, no ietter requests to file a motion for
summary judgment may be filed at a time before the dates set forth in
paragraph 8.
9. Case Dispositive Motions. Should the Court permit the tiling of
seminary judgrnent motions an opening brief and affidavits, if any, in support of
the motion shall be served and filed on or before October l0, 2006. Answering
briefs shall be served and filed on or before November 7, 2006. Reply briefs shall
be served and filed on or before November 2l, 2006. lf there is no decision at the
September .27, 2006 teleconference as to permitting summary judgment motions,
this schedule sliail be altered so as to coinrnerrce briefing two weeks following the
Court’s decision, with answering briefs and reply briefs to be served and tiled no
later than four weeks and six weeks, respectively, after the service and Bling of
the opening briefs. Parties must submit arr originai and two (2) copies.
12. _S_tatus/Daubert Conference. The Court will not hoid a separate
teleconference on Daubert issues. The parties will be prepared to address any
Daubert issues at the time ofthe pretrial conference.
I3. Pretrial Conference. On February 20, 2007, the Court will hold a
Pretriai Conference in Chambers with counsel beginning at l0:00 arm.
Except as revised hereby the Scheduling Order dated May 9, 2005 shall remain in full
force and effect.
2
atrezssssss-1

Case 1:04-cv-01505-Gl\/IS Document 81 Filed 03/23/2006 Page 3 of 4
Q@ ; /s/Joey W Ingersoll
Frederick . Cottrell, Hi (#2555) Josy W. Ingersoll (#1088)
([email protected]) ([email protected])
Kelly E. Farneui (#4395) Karen L. Pascale (#2903)
([email protected]) ([email protected])
Richards, Layton & Finger Adam W. Poff (#3990)
One Rodney Square (APoft`@YCST.com)
920 N. King Street Young, Coxieway, Stargatt & Taylor, LLP
l?.O. Box 551 The Brandywine Building
Wilmington, DE 19899 1000 West Street, l'/th Floor
(.302) 65i·—'/700 Wilmington, DE l9899~0391
(302) 57l—6600
A/I0mey.Sf01"PIair1t{)‘](
Thermo Firznigcm LLC A!t0r·‘11ey.sf0r" Dekndcmt
Applercz Corporczlion
APPROVED and SO ORDERED this dey of1\/lzucli, 2006.
UNITED STATES DISTRICT .l`U1`DGE
3
RL.F`E—298685S-1

Case 1:04-cv-01505-Gl\/IS Document 81 Filed 03/23/2006 Page 4 of 4
Addendum to Scheduiing Order
Civil Action No. 04-1505-·GMS
Proposol for No.
E"“'"' 04-1505
Completion of Fact Discovery June 16, 2006
E*’ _
Opening Expert Reports (`burden of proof) July 14, 2006
Answering Expert Reports August l 1, 2006
Completion of Expert Discovery September 1, 2006
Dispositive Motions
y . . _ . . Opening: 9/S/06
L€iZiLC‘}I BI`1€fS S€C‘3iCEHg PCIITIESSIOH Respcnsc:
Reply: 9/20/06
Hearing Concerning Permission to File September 27, 2006 at
Summary Judgment Motions I :00 pm,
_, _. Opening: I0/10/06
Summaiy Judgment Briefing Rcspmsc: 1 E/7/06
Reply: il/2}/06
Summary Judgment Hearing at Court’s discretion
. . . . Opening: 1/l 9/07
MOtIO1]S H1 LHTIIHG R€SpO11SC:
Reply: 2/l/07
Submission of Joint Proposed Preirial Order Jani 22, 2007
Pretrial Conference Feb. 20, 2007
I0 am.
Trial Mar, 19, 2007
RLFl~29B9lSl~2