Illumina Inc. et al v. Complete Genomics Inc.

Filing 126

STIPULATION AND ORDER re 125 STIPULATION to Extend Discovery Schedule and Set Motion Deadlines and Pretrial and Trial Dates filed by Illumina Inc., Complete Genomics Inc. Discovery due by 6/22/2012. Dispositive Motions due by 1/14/201 3. Final Pretrial Conference set for 4/16/2013 02:00 PM in Courtroom E, 15th Floor, San Francisco. Jury Selection set for 5/13/2013 08:30 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. Jury Trial set for 5/13/2013 through 5/24/2013 08:30 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. Signed by Judge Elizabeth D Laporte on 2/27/2012. (kns, COURT STAFF) (Filed on 2/29/2012)

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Kevin M. Flowers (admitted pro hac vice)
John R. Labbé (admitted pro hac vice)
MARSHALL, GERSTEIN & BORUN LLP
233 South Wacker Drive
6300 Willis Tower
Chicago, Illinois 60606-6357
[phone] (telephone)
[phone] (facsimile)
E-Mail: [e-mail]
E-Mail: [e-mail]
Gina A. Bibby
FOLEY & LARDNER LLP
975 Page Mill Road
Palo Alto, CA 94304
[phone] (telephone)
[phone] (facsimile)
E-Mail: [e-mail]
Attorneys for Plaintiffs
ILLUMINA, INC. and SOLEXA, INC.

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ILLUMINA, INC., and
SOLEXA, INC.,
Plaintiffs,

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v.
COMPLETE GENOMICS, INC.,

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Defendant.

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_________________________________

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Case No. 3:10-cv-05542 EDL
STIPULATION AND [PROPOSED]
ORDER TO EXTEND DISCOVERY
SCHEDULE AND SET MOTION
DEADLINES AND PRETRIAL AND
TRIAL DATES AS MODIFIED

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Plaintiffs Illumina, Inc. and Solexa, Inc. (collectively, “Illumina”) and Defendant

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Complete Genomics, Inc. (“CGI”) agree to the following Stipulation and respectfully request that

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the Court enter an Order as follows:

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WHEREAS the Court issued an Order on February 8, 2012 (Dkt. No. 123) requesting that
the parties file a stipulation regarding proposed motion deadlines, pretrial and trial dates;
STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY SCHEDULE
AND SET MOTION DEADLINES AND PRETRIAL AND TRIAL DATES
Case No. 3:10-cv-05542 EDL

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WHEREAS on May 16, 2011, the Court entered a Case Management Scheduling Order

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(Dkt. No. 76) setting a schedule for this case through and including the claim construction hearing

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and indicating that following claim construction, the Court would “set dates for the rest of the

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case”;

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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;

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WHEREAS no trial date or pretrial conference date has been set by the Court;

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WHEREAS the parties have been focused on claim construction, and the parties agree that

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more time is required to complete discovery;
WHEREAS the parties’ proposed extension will allow the parties sufficient time to review
documents and prepare for depositions;
WHEREAS the parties’ proposed changes to the discovery deadlines would not affect
deadlines for filing documents with the Court;

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WHEREAS there has been one modification to the Court’s May 16, 2011 Case

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Management Scheduling Order to extend the deadline for claim construction disclosures and

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briefing (Dkt. No. 80) (the Court also postponed the Initial Case Management Conference from

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March 18, 2011 to April 1, 2011 by stipulation (Dkt. No. 52), from April 1, 2011 to April 8, 2011

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by stipulation (Dkt. No. 54), and from April 8, 2011 to May 3, 2011 due to the transfer of the case

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from Judge Breyer to Magistrate Judge Laporte (Dkt. No. 68); postponed the deadline for

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conducting mediation from August 15, 2011 to September 23, 2011 by stipulation (Dkt. No. 83);

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and extended the deadline to amend pleadings from January 15, 2012 to January 27, 2012 by

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stipulation (Dkt. No. 112));

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STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY SCHEDULE
AND SET MOTION DEADLINES AND PRETRIAL AND TRIAL DATES
Case No. 3:10-cv-05542 EDL

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IT IS HEREBY STIPULATED AND AGREED, subject to the approval of the Court, that

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the Court’s May 16, 2011 Case Management Scheduling Order (Dkt. No. 76) and May 3, 2011

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Civil Minute Order (Dkt. No. 74) are amended as follows:

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Event

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Substantial completion of document
production

n/a

March 29, 2012

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Close of fact discovery

March 15, 2012

June 22, 2012

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Advice of counsel due
(Patent L.R. 3-7)

n/a

March 29, 2012

Designate experts/Exchange expert
reports on issues on which a party
bears the burden

n/a

August 6, 2012

Designate rebuttal experts/Exchange
rebuttal expert reports

n/a

September 20, 2012

Exchange reply expert reports

n/a

October 22, 2012

Complete expert discovery

n/a

November 21, 2012

Last date to file dispositive motions

n/a

January 14, 2013

Pretrial conference

n/a

April 15, 2013April 16, 2013 at 2:00 p.m.

Trial

n/a

May 13, 2013 at 8:30 a.m.

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Current Date

Amended Date

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STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY SCHEDULE
AND SET MOTION DEADLINES AND PRETRIAL AND TRIAL DATES
Case No. 3:10-cv-05542 EDL

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Dated: February 24, 2012
/s/ Katherine LaBarre
Michael J. Malecek (State Bar No. 171034)
Email: [e-mail]
Katherine LaBarre (State Bar No. 269726)
Email: [e-mail]
Marisa Williams (State Bar No. 264907)
Email: [e-mail]
KAYE SCHOLER LLP
Two Palo Alto Square, Suite 400
3000 El Camino Real
Palo Alto, California 94306-2112
Telephone: [phone]
Facsimile: [phone]

/s/ John R. Labbé
Kevin M. Flowers (admitted pro hac vice)
Email: [e-mail]
John R. Labbé (admitted pro hac vice)
Email: [e-mail]
MARSHALL, GERSTEIN & BORUN LLP
233 South Wacker Drive
6300 Willis Tower
Chicago, Illinois 60606-6357
Telephone: [phone]
Facsimile: [phone]
Gina A. Bibby
Email: [e-mail]
FOLEY & LARDNER LLP
975 Page Mill Road
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendant and Counterclaimant
COMPLETE GENOMICS, INC.

Attorneys for Plaintiffs
ILLUMINA, INC. and SOLEXA, INC.
FILER’S ATTESTATION: Pursuant to General Order
No. 45, Section X.B, John R. Labbé hereby attests that
Katherine LaBarre has provided her concurrence with
the electronic filing of this Stipulation and [Proposed]
Order.

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27th
PURSUANT TO STIPULATION, IT IS SO ORDERED, this ______ day of February, 2012.

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Honorable Elizabeth D. Laporte
United States Magistrate D
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STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY SCHEDULE
AND SET MOTION DEADLINES AND PRETRIAL AND TRIAL DATES
Case No. 3:10-cv-05542 EDL