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Illumina, Inc., and Solexa, Inc v. Complete Genomics

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


May 30, 2012

ILLUMINA, INC., AND SOLEXA, INC.,
PLAINTIFFS,
v.
COMPLETE GENOMICS, INC.,
DEFENDANT.

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: kflowers@marshallip.com 6 E-Mail: jlabbe@marshallip.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: gbibby@foley.com 9 Attorneys for Plaintiffs ILLUMINA, INC. and SOLEXA, INC. 13

STIPULATION AND [PROPOSED] 18 ORDER TO EXTEND DISCOVERY SCHEDULE AND RESET 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 the Court enter an Order as follows:

WHEREAS on February 29, 2012, the Court issued a Stipulated Order to Extend Discovery Schedule and Set Motion Deadlines and Pretrial and Trial Dates (Dkt. No. 126);

WHEREAS the Court's February 29, 2012 scheduling order set the close of fact discovery on June 22, 2012, the last date to file dispositive motions on January 14, 2013, the pretrial conference on April 16, 2013, and trial beginning on May 13, 2013;

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 11 and indicating that following claim construction, the Court would "set dates for the rest of the 12 case"; 13 14 the close of fact discovery on March 15, 2012 (which was extended to June 22, 2012 by the Court's 15

WHEREAS since the entry of the Court's February 29, 2012 scheduling order, the parties 17 have been focused on completing their document productions according to an agreed-upon 18 protocol; 19 20 productions, review documents received, prepare for depositions, and take depositions; 21 22 80) (the Court also postponed the Initial Case Management Conference from March 18, 2011 to 24 No. 54), and from April 8, 2011 to May 3, 2011 due to the transfer of the case from Judge Breyer 26 to Magistrate Judge Laporte (Dkt. No. 68); postponed the deadline for conducting mediation from 27

WHEREAS on May 3, 2011, the Court entered a Civil Minute Order (Dkt. No. 74) setting February 29, 2012 Order); 16

WHEREAS the parties require additional time to fully complete their document WHEREAS there has been a modification to the Court's May 16, 2011 Case Management Scheduling Order to extend the deadline for claim construction disclosures and briefing (Dkt. No. 23 April 1, 2011 by stipulation (Dkt. No. 52), from April 1, 2011 to April 8, 2011 by stipulation (Dkt. 25 August 15, 2011 to September 23, 2011 by stipulation (Dkt. No. 83); and extended the deadline to 28 amend pleadings from January 15, 2012 to January 27, 2012 by stipulation (Dkt. No. 112));

IT IS HEREBY STIPULATED AND AGREED, subject to the approval of the Court, that the Court's February 29, 2012 Stipulated Order to Extend Discovery Schedule and Set Motion Deadlines and Pretrial and Trial Dates (Dkt. No. 126) is amended as follows: Event Current Date Amended Date Parties to complete document n/a June 30, 2012 production 7 8 9 Parties to exchange privilege logs n/a June 30, 2012 Close of fact discovery June 22, 2012 September 14, 2012 11 Designate experts/Exchange expert August 6, 2012 October 26, 2012 reports on issues on which a party 12 bears the burden 13 10 Designate rebuttal experts/Exchange September 20, 2012 December 7, 2012 14 rebuttal expert reports Exchange reply expert reports October 22, 2012 January 9, 2013 16 Complete expert discovery November 21, 2012 February 15, 2013 17 15 Last date to file dispositive motions January 14, 2013 March 29, 2013 18 July 30 Pretrial conference April 16, 2013 June 25, 2013 19 at 2:00 p.m. at 2:00 p.m. August 19 20 Trial May 13, 2013 July 22, 2013 at 8:30 a.m. at 8:30 a.m.

FILER'S ATTESTATION: Pursuant to General Order No. 45, Section X.B, John R. Labbe hereby attests that Marisa Armanino Williams has provided her concurrence with the electronic filing of this Stipulation and [Proposed] Order.

PURSUANT TO STIPULATION, IT IS SO ORDERED, this ______ day of May, 2012.

20120530

© 1992-2012 VersusLaw Inc.



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