Illumina Inc. et al v. Complete Genomics Inc.

Filing 141

STIPULATION AND ORDER re 140 STIPULATION to Extend Discovery Schedule and Reset Motion Deadlines and Pretrial and Trial Dates filed by Illumina Inc., Complete Genomics Inc., Motions terminated: 140 STIPULATION WITH PROPOSED ORDER to Extend Discovery Schedule and Reset Motion Deadlines and Pretrial and Trial Dates filed by Illumina Inc., Complete Genomics Inc. Discovery due by 9/14/2012. Dispositive Motions due by 3/29/2013. Final Pretrial Conference set for 7/3 0/2013 02:00 PM in Courtroom E, 15th Floor, San Francisco. Jury Selection set for 8/19/2013 08:30 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. Jury Trial set for 8/19/2013 through 8/30/2013 08:30 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte.Signed by Judge Elizabeth D Laporte on 5/30/2012. (kns, COURT STAFF) (Filed on 5/30/2012)

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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 RESET MOTION
DEADLINES AND PRETRIAL AND
TRIAL DATES

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

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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 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);

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WHEREAS the Court’s February 29, 2012 scheduling order set the close of fact discovery

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on June 22, 2012, the last date to file dispositive motions on January 14, 2013, the pretrial

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conference on April 16, 2013, and trial beginning on May 13, 2013;

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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

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the close of fact discovery on March 15, 2012 (which was extended to June 22, 2012 by the Court’s

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February 29, 2012 Order);

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WHEREAS since the entry of the Court’s February 29, 2012 scheduling order, the parties

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have been focused on completing their document productions according to an agreed-upon

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protocol;

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WHEREAS the parties require additional time to fully complete their document

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productions, review documents received, prepare for depositions, and take depositions;

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

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Scheduling Order to extend the deadline for claim construction disclosures and briefing (Dkt. No.

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80) (the Court also postponed the Initial Case Management Conference from March 18, 2011 to

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

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No. 54), and from April 8, 2011 to May 3, 2011 due to the transfer of the case from Judge Breyer

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

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August 15, 2011 to September 23, 2011 by stipulation (Dkt. No. 83); and extended the deadline to

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

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amend pleadings from January 15, 2012 to January 27, 2012 by stipulation (Dkt. No. 112));

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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 February 29, 2012 Stipulated Order to Extend Discovery Schedule and Set Motion

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Deadlines and Pretrial and Trial Dates (Dkt. No. 126) is amended as follows:

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Event

Current Date

Amended Date

Parties to complete document
production

n/a

June 30, 2012

Parties to exchange privilege logs

n/a

June 30, 2012

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Close of fact discovery

June 22, 2012

September 14, 2012

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

August 6, 2012

October 26, 2012

September 20, 2012

December 7, 2012

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Designate rebuttal experts/Exchange
rebuttal expert reports

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Exchange reply expert reports

October 22, 2012

January 9, 2013

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Complete expert discovery

November 21, 2012

February 15, 2013

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Last date to file dispositive motions

January 14, 2013

March 29, 2013

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Pretrial conference

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

June 25, 2013
at 2:00 p.m.

Trial

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

July 22, 2013
at 8:30 a.m.

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July 30

August 19

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

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Dated: May 25, 2012
/s/ Marisa Armanino Williams
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.

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

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30th
PURSUANT TO STIPULATION, IT IS SO ORDERED, this ______ day of May, 2012.

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_______________________________
Honorable Elizabeth D. Laporte
United States Magistrate Judge

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