Free Proposed Order - District Court of Delaware - Delaware

Case 1:04-cv-01505-Gl\/IS Document 79 Filed 03/14/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

THERMO FINNIGAN LLC, )
Plaintiff and l
Counterclaim Defendant, )
v. l Civil Action No.: 04~l 505—·Gl\/{S
APPLERA CORPORATION, l
Defendant and g
Counterclaim Plaintiff; )

STIPULATED AMENDED SCHEDULING ORDER
IT IS HEREBY STIPULATED, by and between counsel for the parties, subject to the
approval ofthe 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 I6, 2006. Expert Discovery in this ease shall
be initiated so that it will be completed on or before September l, 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 letter brief shall be no longer than live (5) pages and
shall be filed with the Court no later than September 8, 2006. Answering letter
briefs shall be no longer than five (5) pages and tiled with the court no later than
September I5, 2006. Reply ietter briefs shall be no longer than three (3) pages
and tiled with the Court on or before September 20, 2006. The Court shall hold a
nrrozssesss-t

Case 1:04-cv-01505-G|\/IS Document 79 Filed 03/14/2006 Page 2 of 3
status conference by telephone to hear argument and to determine whether the
tiling of any rnotion will be permitted on , 2006 at
___.1n. Unless the Court directs otherwise, no letter requests to file
a motion for summary judgment may be filed at il time before the dates set
forth in paragraph 8.
9. Case Disgositive Motions. Should the Court permit the tiling of
summary judgment motions an opening brief and affidavits, if any, in support of
the motion siiall be served and filed on or before October l0, 2006, Answering
briefs snail be served and filed on or before November 7, 2006. Reply briefs shall
be served and tiled on or before November 21, 2006. lf there is no decision at the
, 2006 teleconference as to permitting summary judgment
motions, this schedule shall be altered so as to commence briefing two weeks
following the Court’s decision, with answering briefs and reply briefs to be served
and filed no later than tour weeks and six weeks, respectively, after the service
and tiling of the opening briefs. Parties must submit an original and two (2)
copies,
12 §_tg_tus/Daubert Conference. On or before September 22, 2006,
the parties shall submit a joint agenda identifying any Daubert issues that the
parties intend to raise. The Court will hold a telephone conference on
, 2006 at __,m. to discuss Daubert issues identified in _
thejoint agenda,
i3. Pretrial Conference On February 20, 2007, the Court will hold a
Pretrial Conference in Chambers with counsel beginning at t0:00 am.
2
a1,r=i-zssssss-1

Case 1:04-cv-01505-Gl\/IS Document 79 Filed 03/14/2006 Page 3 of 3
Except as revised hereby the Scheduling, Order dated May 9, 2005 shall remain in full
force and effect.
E - g§Q *-_;‘ /S/Adrzrn W Pofz
Frederick . Cottrell, III (#2555) Josy W., Ingersoll (#1088)
(C0ttr‘[email protected]) (J In gersoll@YCST,c01n)
Kelly E, Farnan (#4395) Adam W. Poff (#3990)
(F&I7}3l1@RLF~CO1H) (/-\[email protected])
Richards, Layton & Finger Young, Conaway, Stargatt & Taylor, LLP
One Rodney Square The Brandywine Building
920 N. King Street 1000 West Street, l7m Floor
PO, Box 551 Wilmington, DE 19899-0391
Wilmington, DE 19899 (302) 571—6600
(302) 65l~7700
Attorneys for Defendant
Al`{O.l'”}ZQ)/-SfO}"PiHJJIJl§l(`f Applera Corgoomtien
Thermo Finnigczn LLC
APPROVED and SO ORDERED this day of March, 2006.
UNITED STATES DTSTRICT J UDOE
3
attr ezusssss-1