Free Motion for Extension of Time to Complete Discovery - District Court of Delaware - Delaware

Case 1:04-cv-00968-GMS

Document 129

Filed 09/01/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

ALLERGAN, INC., and ALLERGAN SALES, LLC., Plaintiffs, v. ALCON INC., ALCON LABORATORIES, INC., and ALCON RESEARCH, LTD., Defendants.

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Civil Action No: 04-968-GMS

JOINT STIPULATION AND ORDER RE EXPERT REPORTS AND EXPERT DISCOVERY WHEREAS, the parties jointly desire to accommodate the schedules of several witnesses who have been noticed for deposition in the action; WHEREAS, the parties require a change in the Scheduling Order in order to permit the completion of fact depositions in advance of serving expert reports; WHEREAS, the Scheduling Order does not permit the filing of any further motions or otherwise contemplate the involvement of the Court in the remaining pre-trial preparations set forth in the Scheduling Order until after the submission of motions in limine and the Joint PreTrial Order (currently set to be filed on January 9, 2006); WHEREAS, as a result, the parties accordingly respectfully submit that changing the dates for exchanging expert reports as set forth below will not impact the Court in its pre-trial preparations; and

Case 1:04-cv-00968-GMS

Document 129

Filed 09/01/2005

Page 2 of 3

WHEREAS, the parties have agreed that any amended dates for exchanging expert reports shall not change, and shall not be cited by the parties as a reason to change, the trial date or the other remaining pre-trial dates, NOW, THEREFORE, THE PARTIES hereby stipulate and agree, subject to the approval of the Court, as follows: a. 29, 2005; b. 2005; c. d. Expert discovery shall be completed on or before November 17, 2005; Neither party may use the extension contemplated herein as basis to delay The parties shall exchange rebuttal expert reports on or before October 17, The parties shall exchange opening expert reports on or before September

the trial date; and e. Alcon may not use the granting of this extension to support its pending

motion for leave to amend its Answer.

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Case 1:04-cv-00968-GMS

Document 129

Filed 09/01/2005

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AGREED TO BY: FISH & RICHARDSON P.C. YOUNG CONAWAY STARGATT & TAYLOR, LLP /s/ Josy W. Ingersoll Josy W. Ingersoll (No. 1088) John W. Shaw (No. 3362) The Brandywine Building 1000 West Street Wilmington, DE 19801 (302) 571-6600 [email protected] Attorneys for Defendants Alcon, Inc., Alcon Laboratories, Inc., and Alcon Research Ltd. OF COUNSEL: Daniel J. Thomasch Brian D. Coggio M. Veronica Mullally ORRICK, HERRINGTON & SUTCLIFFE LLP 666 Fifth Avenue New York, NY 10103 (212) 506-5000

/s/ William J. Marsden, Jr. William J. Marsden, Jr. (No. 2247) Sean P. Hayes (No. 4413) 919 N. Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19899-1114 (302) 652-5070 Jonathan E. Singer Michael J. Kane Deanna J. Reichel 3300 Dain Rauscher Plaza 60 South Sixth Street Minneapolis, MN 55402 (612) 335-5070 Juanita Brooks W. Chad Shear 12390 El Camino Real San Diego, CA 92130 (858) 678-5070 Attorneys for Plaintiffs Allergan, Inc. and Allergan Sales, LLC

SO ORDERED this ___ day of ______________, 2005:

____________________________________ United States District Judge 80026811.DOC

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