Free Motion to Amend/Correct - District Court of Delaware - Delaware

Case 1:04-cv-01505-Gl\/IS Document 78 Filed 03/14/2006 Page 1 of 2
IN Ti-IE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

THERMO FINNIGAN LLC, )
Plaintiff and l
Counterclaim Defendant, )
vi g Civil Action No.: 0¢l—l505—Gi\/IS
APPLERA CORPORATION, l
Defendant and l
Counterciairn Plaintiff, )

JOINT MOT ION TO AMEND SCHEDULING ORDER
Thermo Finnigan, LLC ("Thenno") and Applera Corporation ("Applera") hereby jointly
move the Court for an Amended Scheduling Order to govern the proceedings going forward
The Stipulated Amended Scheduling Order is being tiled concurrently herewith. In support of
their Motion, Thermo and Applera state as follows:
l. On April 27, 2005, the Court held a Rule l6,2(b) conference to address
scheduling matters in the above—captioned action as well as in Consolidated Civil Action Nos.
04-1230 (OMS) and 05-l l0 (GMS) (the "Consolidated Action”).
2r At the Rule l6.2(b) conference, the parties requested that the trial date in the
abovecaptionetl action be delayed so that the Consolidated Action could be completed prior to
this action.
3, Accordingly, the a‘oove—captioned action was set for trial beginning March 19,
2007. Because of this delayed trial schedule, the current Scheduling Order allows for 7 months
between the conclusion of summary judgment briefing, ifpcnnitted, and trial,
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Case 1:04-cv-01505-Gl\/IS Document 78 Filed 03/14/2006 Page 2 of 2
4. The parties have been engaged in discovery but have encountered difficulty due to
witness scheduling and witness unavailability. Thermo and Applera are, theretbre, requesting
that the Court modify the current Scheduling Order (D.I. 2l) by extending all remaining
deadlines.
5. ln the new proposed schedule, summary judgment briefing, it permitted, would be
completed on November 21, 2006, 4 months before the beginning of trial.
6. in addition to entering the dates on the Stipulated Amended Scheduling Order,
Thermo and Applera request that the Court provide revised dates for the status conference on
summary judgment and the status conference on Daubert issues.
7. Counsel for Thermo and Applera are available at the Court’s convenience if the
Court would like to discuss the proposed revised schedule.
WHEREFORE, Thermo and Applera respectiiilly request that this Court enter the
Stipulated Amended Scheduling Order tiled concurrently herewith.
E" /.s/Acfrzm W Poff
Frederick . Cottrell, Ill (#2555) Josy W. Ingersoll (#1088)
([email protected] .com) (J [email protected])
Kelly Er Farnan (#4395) Adam W. Poff (#3990)
{F8IH&l]@RL,F.CO1}]) ([email protected])
Richards, Layton & Finger Young, Conaway, Stargatt & Taylor, LLP
One Rodney Square The Brandywine Building
920 N. King Street 1000 West Street, 17*** Floor
P.O. Box 551 Wilmington, DE l9899—039l
Wilmington, DE l9899 (302) 571-6600
(302) 65l~7'/00
Attormajy.sfor·P!oi1zzw' Attorneys for Dejirzrzdoztt
Thermo Fimzigmz LLC App/em COlpOF'CI£iO}’l
2
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