`34915
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELA WARE
`
`GENENTECH, INC.,
`
`Plaintiffs,
`
`v.
`
`AMGEN INC.,
`
`Defendant.
`
`C.A. No. 18-924-CFC-SRF
`
`0
`FILEB UNDER SEAL
`
`STIPULATION AND ~ER VACATING
`PRETRIAL AND TRIAL DEADLINES
`
`WHEREAS Amgen relies on the services of Epiq Systems, Inc. ("Epiq") as
`
`its host for all documents produced by Genentech, Amgen, and third parties in this
`
`litigation;
`
`WHEREAS Epiq experienced a complete and total system-wide interruption
`
`of all services (the "Epiq outage") beginning the morning of Saturday, February 29,
`
`2020 (see attached Declaration of Olivia Cutler, Epiq Project Director);
`
`WHEREAS, as a result of the Epiq outage, Amgen has had no access to any
`
`production documents hosted by Epiq since the morning of February 29;
`
`WHEREAS the current deadline for serving Amgen' s damages expert rebuttal
`
`reports is March 18, 2020;
`
`WHEREAS the current deadline for completing damages expert discovery is
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`March 27, 2020;
`
`r~nu~N"FFTiiDTIE~NM'fflflA-b¼J.i.-Al,t~N~D~F~ILLE~BJ:M-ll:JrNNfflDrlr.E:'RR-,:srnE~AL:1";-_si._,_
`
`-
`
`
`
`Case 1:18-cv-00924-CFC-SRF Document 539 Filed 03/16/20 Page 2 of 4 PageID #:
`34916
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`WHEREAS the current deadline for opening Daubert motions is April I,
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`2020;
`
`WHEREAS trial is set to begin on April 20, 2020;
`
`WHEREAS the Epiq outage has prevented Amgen from meeting the current
`
`deadlines for completing damages discovery and pre-trial exchanges;
`
`WHEREAS Epiq has been and remains unable to provide any definitive
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`timeline regarding when its services and access to production documents will be
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`restored to Amgen;
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`WHEREAS Genentech is reproducing all documents to Amgen's new vendor,
`
`Kroll, but the reproduced documents will not be processed and available until late
`
`March, and once available, will not include Amgen's attorney work product that was
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`developed over the course of the litigation, and would need to be at least partially
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`redeveloped in the event that Epiq's systems remain offline;
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`NOW THEREFORE, it is hereby stipulated and agreed by the Parties, subject
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`to the approval of the Court, that:
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`Genentech, Inc. and Amgen Inc. jointly request that the Court vacate the April
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`20, 2020 trial date;
`
`Genentech, Inc. and Amgen Inc. jointly request that the Court suspend all
`
`interim deadlines for the parties' pretrial exchanges until a new trial date is set;
`
`2
`CONFIDEN I IAL AND F IL:ED UNDER SEM..
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`$1
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`
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`Case 1:18-cv-00924-CFC-SRF Document 539 Filed 03/16/20 Page 3 of 4 PageID #:
`34917
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`Genentech, Inc. and Amgen Inc. hereby stipulate and agree, subject to the
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`approval of the Court, that the deadline for Amgen to serve rebuttal money
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`damages expert reports be reset from March 18, 2020 to the earlier of (i) 18 days
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`after Epiq provides full access to its reconstituted database of production
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`documents in this case and Amgen' s IT Security Department certifies that Epiq' s
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`systems are safe to access; or (ii) 28 days after Genentech confirms in writing that
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`its reproduction of all document productions in this case is complete and all
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`production volumes have been delivered to Amgen's new vendor, Kroll; and
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`Genentech, Inc. and Amgen Inc. will jointly engage the Court no later than
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`April 17, 2020, to propose deadlines for all remaining pre-trial exchanges and to
`
`discuss a new trial date, which the parties agree will be no earlier than July 27,
`
`2020, to allow Amgen a reasonable opportunity to rebuild its document review
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`work product if it is necessary for Amgen to rely on the reproduction of documents
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`hosted by Kroll.
`
`3
`CO;ptJFIBENTIAI:. AND FILEB UNDER SEAL
`
`..Ate.
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`
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`Case 1:18-cv-00924-CFC-SRF Document 539 Filed 03/16/20 Page 4 of 4 PageID #:
`34918
`
`MCCARTER & ENGLISH, LLP
`
`SMITH, KA TZENSTEIN & JENKINS
`LLP
`
`Isl
`Neal C. Belgam
`Neal C. Belgam (#2721)
`Eve H. Ormerod (#5369)
`1000 West Street, Suite 1501
`Wilmington, DE 19801
`(302) 652-8400
`nbelgam@skjlaw.com
`eormerod@skjlaw.com
`
`Attorneys for Defendant Amgen Inc.
`
`Isl Daniel M Silver
`Michael P. Kelly (#2295)
`Daniel M. Silver (#4758)
`Alexandra M. Joyce (#6423)
`Renaissance Centre
`405 N. King Street, 8th Floor
`Wilmington, DE 19801
`(302) 984-6300
`mkelly@mccarter.com
`dsilver@mccarter.com
`ajoyce@mccarter.com
`
`Attorneys for Plaintiff Genentech, Inc.
`
`Dated: March 13, 2020
`
`SO ORDERED this /u fl'- day of If a.rcA..
`
`, 2020.
`
`United States Districtdge
`
`4
`GQ;NFIDENTI4.L 4ND i=ILFD UNDER ~EA¼. _.A.,, __
`--....
`
`
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