UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
February 29, 2012
ILLUMINA, INC., AND
COMPLETE GENOMICS, INC.,
The opinion of the court was delivered by: Honorable Elizabeth D. Laporte United States Magistrate Judge
Kevin M. Flowers (admitted pro hac vice) John R. Labbe (admitted pro hac vice) 2 MARSHALL, GERSTEIN & BORUN LLP 3 233 South Wacker Drive 6300 Willis Tower 4 Chicago, Illinois 60606-6357 (312) 474-6300 (telephone) 5 (312) 474-0448 (facsimile) E-Mail: firstname.lastname@example.org 6 E-Mail: email@example.com 7 Gina A. Bibby 8 FOLEY & LARDNER LLP 975 Page Mill Road Palo Alto, CA 94304 (650) 856-3700 (telephone) 10 (650) 856-3710 (facsimile) 11 E-Mail: firstname.lastname@example.org 9 Attorneys for Plaintiffs ILLUMINA, INC. and SOLEXA, INC. 13
STIPULATION AND [PROPOSED] 18 ORDER TO EXTEND DISCOVERY
SCHEDULE AND SET MOTION
DEADLINES AND PRETRIAL AND ) TRIAL DATES
Plaintiffs Illumina, Inc. and Solexa, Inc. (collectively, "Illumina") and Defendant Complete Genomics, Inc. ("CGI") agree to the following Stipulation and respectfully request that 26 the Court enter an Order as follows: 27
WHEREAS the Court issued an Order on February 8, 2012 (Dkt. No. 123) requesting that 28 the parties file a stipulation regarding proposed motion deadlines, pretrial and trial dates; WHEREAS on May 16, 2011, the Court entered a Case Management Scheduling Order (Dkt. No. 76) setting a schedule for this case through and including the claim construction hearing and indicating that following claim construction, the Court would "set dates for the rest of the case";
WHEREAS on May 3, 2011, the Court entered a Civil Minute Order (Dkt. No. 74) setting the close of fact discovery on March 15, 2012;
WHEREAS no trial date or pretrial conference date has been set by the Court; WHEREAS the parties have been focused on claim construction, and the parties agree that more time is required to complete discovery; 10 11 documents and prepare for depositions; 12 13 deadlines for filing documents with the Court; 14
WHEREAS the parties' proposed extension will allow the parties sufficient time to review
WHEREAS the parties' proposed changes to the discovery deadlines would not affect
WHEREAS there has been one modification to the Court's May 16, 2011 Case Management Scheduling Order to extend the deadline for claim construction disclosures and 16 briefing (Dkt. No. 80) (the Court also postponed the Initial Case Management Conference from 17 March 18, 2011 to April 1, 2011 by stipulation (Dkt. No. 52), from April 1, 2011 to April 8, 2011 18 by stipulation (Dkt. No. 54), and from April 8, 2011 to May 3, 2011 due to the transfer of the case 19 from Judge Breyer to Magistrate Judge Laporte (Dkt. No. 68); postponed the deadline for 20 conducting mediation from August 15, 2011 to September 23, 2011 by stipulation (Dkt. No. 83); 21 and extended the deadline to amend pleadings from January 15, 2012 to January 27, 2012 by 22 stipulation (Dkt. No. 112));
IT IS HEREBY STIPULATED AND AGREED, subject to the approval of the Court, that the Court's May 16, 2011 Case Management Scheduling Order (Dkt. No. 76) and May 3, 2011 Civil Minute Order (Dkt. No. 74) are amended as follows:
Event Current Date Amended Date Substantial completion of document n/a March 29, 2012 production Close of fact discovery March 15, 2012 June 22, 2012 Advice of counsel due n/a March 29, 2012 (Patent L.R. 3-7) Designate experts/Exchange expert n/a August 6, 2012 11 reports on issues on which a party 12 bears the burden
Designate rebuttal experts/Exchange n/a September 20, 2012 rebuttal expert reports Exchange reply expert reports n/a October 22, 2012 15 Complete expert discovery n/a November 21, 2012 16 Last date to file dispositive motions n/a January 14, 2013 1718
Pretrial conference n/a April 15, 2013 April 16, 2013at 2:00 p.m. Trial n/a May 13, 2013 at 8:30 a.m.
FILER'S ATTESTATION: Pursuant to General Order No. 45, Section X.B, John R. Labbe hereby attests that 9 16 Katherine LaBarre has provided her concurrence with the electronic filing of this Stipulation and [Proposed] 17 Order.
PURSUANT TO STIPULATION, IT IS SO ORDERED, this ______ day of February, 2012.
IT IS SO ORDERED U AS MODIFIED
Laporte Elizabeth D. R
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