Stifel, Nicolaus & Company, Inc. v. Inivata Ltd.

Filing 34

ORDER terminating 31 Letter Motion for Extension of Time to Complete Discovery; granting 33 Letter Motion to Stay re: 31 LETTER MOTION for Extension of Time to Complete Discovery [Expert] addressed to Judge Valerie E. Caproni f rom Adam K. Doerr dated 11/9/2021., 33 LETTER MOTION to Stay re: 32 Order on Motion for Extension of Time to Complete Discovery, [Stay Expert Discovery] addressed to Judge Valerie E. Caproni from Joint - Adam K. Doerr and Theodo re Snyder dated November 16, 2021. Expert discovery in this matter is hereby STAYED. By no later than December 20, 2021, Defendant must inform the Court whether it believes expert discovery is needed to respond in opposition to the Motion for Summa ry Judgment and if so, on what basis. The Court will decide whether to lift the stay on expert discovery at that time. The Clerk of Court is respectfully directed to close the open motions at docket entries 31 and 33. SO ORDERED.. (Signed by Judge Valerie E. Caproni on 11/16/21) (yv)

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Case 1:21-cv-04211-VEC Document 34 Filed 11/16/21 Page 1 of 2 USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: MEMO ENDORSED ADoerr@robinsonbradshaw.com 704.377.8114 : Direct Phone 704.339.3414 : Direct Fax November 16, 2021 VIA ECF Hon. Valerie E. Caproni United States District Court Southern District of New York Thurgood Marshall United States Courthouse 40 Foley Square New York, New York 10007 Re: Stifel, Nicolaus & Company, Inc. v. Inivata Ltd., Case No. 1:21-cv-04211-VEC Joint Letter Regarding Stay of Expert Discovery Dear Judge Caproni: Pursuant to Your Honor’s Order dated November 9, 2021 (ECF Doc. 32), the parties to the above-captioned action jointly write to express their preference that the Court stay expert discovery (as opposed to adjourn expert discovery) until it rules on Stifel’s anticipated motion for summary judgment. Unless the parties resolve this dispute at mediation, Stifel will submit its motion for summary judgment by no later than December 15, 2021 pursuant to the schedule previously set by the Court. Inivata reserves the right to oppose Stifel’s motion on grounds that the case presents a genuine dispute as to material facts, and that expert testimony would assist the Court in resolving issues such as whether Stifel breached its engagement agreement by failing to use commercially reasonable efforts on Inivata’s behalf. Stifel’s view is that expert testimony is irrelevant to resolution of the summary judgment motion. In the event that the Court denies Stifel’s motion for summary judgment, the parties propose that they confer and submit a proposed schedule for resuming expert discovery within 15 days following the Court’s ruling. Wherefore, the parties respectfully request that the Court stay expert discovery pending mediation and resolution of Stifel’s anticipated motion for summary judgment. Respectfully submitted, _/s/ Theodore Snyder_____________ Theodore Snyder Attorney for Plaintiff Stifel, Nicolaus & Company, Inc. _/s/ Adam K. Doerr_________________ Adam K. Doerr Attorney for Defendant Inivata Ltd. ROBINSON, BRADSHAW & HINSON, P.A. : robinsonbradshaw.com Charlotte Office : 101 N. Tryon St., Ste. 1900, Charlotte, NC 28246 : 704.377.2536 Footer Credentials Case 1:21-cv-04211-VEC Document 34 Filed 11/16/21 Page 2 of 2 SO ORDERED. HON. VALERIE CAPRONI UNITED STATES DISTRICT JUDGE

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