`34939
`
`Daniel M. Silver
`Partner
`T. 302-984-6331
`F. 302-691-1260
`dsilver@mccarter.com
`
`
`McCarter & English, LLP
`Renaissance Centre
`405 N. King Street, 8th Floor
`Wilmington, DE 19801-3717
`www.mccarter.com
`
`
`
`April 2, 2020
`
`
`VIA CM/ECF
`The Honorable Colm F. Connolly
`United States District Court for the District of Delaware
`J. Caleb Boggs Federal Building
`844 North King Street, Room 3124
`Wilmington, DE 19801-3555
`
`Re: Genentech, Inc. v. Amgen, Inc., C.A. No. 18-924-CFC-SRF (D. Del.)
`
`Dear Judge Connolly:
`
`
`Plaintiff Genentech, Inc. respectfully asks this Court to vacate the November 9, 2020 trial
`date set by the March 26, 2020 Oral Order. Amgen does not oppose moving the trial date and
`said it will work with Genentech to find alternative dates that work for both parties and the
`Court.
`
`Genentech’s request is necessitated by the fact that Genentech’s lead trial counsel,
`Daralyn Durie, is scheduled to serve as lead counsel in a previously scheduled arbitration taking
`place from November 9-13, 2020. The arbitration dates in that matter were set before the
`Court’s March 26 Oral Order moving the trial in this matter to November 9, 2020.
`
`
`Vacating the November 9, 2020 trial date is appropriate given the circumstances.
`Genentech retained Ms. Durie at the inception of this matter to serve as its lead trial counsel, has
`always planned on her doing so, and has prepared its case for trial around Ms. Durie’s
`participation as lead trial counsel.
`
`Accordingly, Genentech respectfully requests that the Court vacate the current trial date.
`The parties will work to identify potential alternative dates for trial that work for both parties and
`provide those dates to the Court as soon as possible in a subsequent letter. Genentech further
`requests that the Court re-schedule the trial based on the parties’ and the Court’s mutual
`availability. To the extent necessary, the parties’ Delaware counsel are available to call
`Chambers to discuss scheduling with Your Honor’s civil case manager.
`
`
`
`
`
`Counsel are available should the Court have any questions.
`
`
`
`
`ME1 33024367v.1
`
`
`
`Case 1:18-cv-00924-CFC-SRF Document 543 Filed 04/02/20 Page 2 of 2 PageID #:
`34940
`
`The Honorable Colm F. Connolly
`April 2, 2020
`Page 2
`
`
`Respectfully submitted,
`
`/s/ Daniel M. Silver
`
`Daniel M. Silver (#4758)
`
`cc: All counsel of record (via CM/ECF)
`
`
`ME1 33024367v.1
`
`
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