Case 1:20-cv-00125-GBW Document 530 Filed 11/01/22 Page 1 of 7 PageID #: 53946
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`NATERA, INC.,
`
`Plaintiff,
`
`V.
`
`ARCHERDX, INC., ARCHERDX, LLC and
`INVITAE CORP.,
`
`Defendants.
`
`)
`)
`)
`)
`) C.A. No. 20-125 (GBW)
`)
`(CONSOLIDATED)
`)
`)
`)
`)
`
`[PROPOSED] AMENDED SCHEDULING ORDER
`
`This _ _ day of - - -~ 2022, the Court having ordered the parties to provide a
`
`revised form of scheduling order for the Court' s consideration (D.I. 462, 484), and the parties
`
`having determined after discussion that the matter cannot be resolved at this juncture by settlement,
`
`voluntary mediation, or binding arbitration;
`
`IT IS HEREBY ORDERED that:
`
`1.
`
`Discovery Matters and Disputes Relating to Protective Orders.
`
`(a)
`
`Any discovery motion filed without first complying with the following
`
`procedures will be denied without prejudice to renew pursuant to these procedures,
`
`(b)
`
`Should counsel find, after good faith efforts -
`
`including verbal
`
`communications among Delaware and Lead Counsel for all parties to the dispute - that they are
`
`unable to resolve a discovery matter or a dispute relating to a protective order, the parties involved
`
`in the discovery matter or protective order dispute shall submit a joint letter in substantially the
`
`following form:
`
`

`

`Case 1:20-cv-00125-GBW Document 530 Filed 11/01/22 Page 2 of 7 PageID #: 53947
`
`Dear Judge Williams:
`
`The parties in the above-referenced matter write to request
`the scheduling of a discovery teleconference.
`
`The following attorneys, including at least one Delaware
`Counsel and at least one Lead Counsel per party, participated in a
`verbal meet and-confer (in person and/or by telephone) on the
`following date(s): _ _ _ _ _ _ _
`
`Delaware Counsel:
`
`Lead Counsel: - - - - -
`The disputes requiring judicial attention are listed below:
`
`[provide here a non-argumentative list of disputes requiring judicial
`attention]
`
`( c)
`
`On a date to be set by separate order, generally not less than forty-eight ( 48)
`
`hours prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed
`
`three (3) pages, outlining the issues in dispute and its position on those issues. On a date to be set
`
`by separate order, but generally not less than twenty-four (24) hours prior to the conference, any
`
`party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining
`
`that party's reasons for its opposition.
`
`(d)
`
`Each party shall submit two (2) courtesy copies of its discovery letter and
`
`any attachments.
`
`( e)
`
`Should the Court find further briefing necessary upon conclusion of the
`
`telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the
`
`dispute prior to the telephone conference and will, in that event, cancel the conference.
`
`2.
`
`Motions to Amend.
`
`(a)
`
`Any motion to amend (including a motion for leave to amend) a pleading
`
`shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not
`
`2
`
`

`

`Case 1:20-cv-00125-GBW Document 530 Filed 11/01/22 Page 3 of 7 PageID #: 53948
`
`to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed
`
`amended pleading as well as a "blackline" comparison to the prior pleading.
`
`(b) Within seven (7) days after the filing of a motion in compliance with this
`
`Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages.
`
`(c) Within three (3) days thereafter, the moving party may file a reply letter,
`
`not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a
`
`teleconference to address the motion to amend.
`
`3.
`
`Motions to Strike.
`
`(a)
`
`Any motion to strike any pleading or other document shall NOT be
`
`accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three
`
`(3) pages, describing the basis for the requested relief, and shall attach the document to be stricken.
`
`(b) Within seven (7) days after the filing of a motion in compliance with this
`
`Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages.
`
`(c) Within three (3) days thereafter, the moving party may file a reply letter,
`
`not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a
`
`teleconference to address the motion to strike.
`
`4.
`
`Case Dispositive Motions.
`
`(a)
`
`All case dispositive motions were filed and briefing was completed under
`
`Judge Stark' s procedure as set forth under the prior Scheduling Order and amendments thereto.
`
`D.I. 60, 242. Pursuant to this Court's Order (D.I. 463), by October 17, 2022, the parties will each
`
`submit a one-page letter ranking the grounds for summary judgment raised in its motions for
`
`summary judgment in whatever order it chooses, but with the understanding that once the Court
`
`3
`
`

`

`Case 1:20-cv-00125-GBW Document 530 Filed 11/01/22 Page 4 of 7 PageID #: 53949
`
`denies summary judgment as to any single ground raised in the motion, the Court will not address
`
`any summary judgment grounds that were ranked after that ground.
`
`(b)
`
`Concise Statement of Facts Requirement. For each separate motion/ground
`
`for summary judgement, the moving party shall file no later than October 18, 2022 a separate
`
`concise statement, not to exceed six ( 6) pages, which details each material fact which the moving
`
`party contends is essential for the Court's resolution of the summary judgment motion (not the
`
`entire case) and as to which the moving party contends there is no genuine issue to be tried. Each
`
`fact shall be set forth in a separate numbered paragraph and shall be supported by specific
`
`citation(s) to the record.
`
`Any party opposing the motion shall file no later than October 25, 2022 a response
`
`to the moving party's concise statement, not to exceed six (6) pages, which admits or disputes the
`
`facts set forth in the moving party's concise statement on a paragraph-by-paragraph basis. To the
`
`extent a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to the
`
`record. Failure to respond to a fact presented in the moving party's concise statement of facts shall
`
`indicate that fact is not in dispute for purposes of summary judgment. The party opposing the
`
`motion may also include with its opposing papers a separate concise statement, not to exceed four
`
`( 4) pages, which sets forth material facts as to which the opposing party contends there is a genuine
`
`issue to be tried. Each fact asserted by he opposing party shall also be set forth in a separate
`
`numbered paragraph and shall be supported by specific citation(s) to the record.
`
`No later than October 31, 2022, the moving party shall file a response to the
`
`opposing party's concise statement of facts, not to exceed four (4) pages, on a paragraph-by(cid:173)
`
`paragraph basis. Failure to respond to a fact presented in the opposing party's concise statement of
`
`facts shall indicate that fact remains in dispute for purposes of summary judgment.
`
`4
`
`

`

`Case 1:20-cv-00125-GBW Document 530 Filed 11/01/22 Page 5 of 7 PageID #: 53950
`
`(c)
`
`Ranking of Summarv Judgment Motions. Pursuant to this Court's Order
`
`(D.I. 463), by October 17, 2022, the parties will each submit a one-page letter ranking the grounds
`
`for summary judgment raised in its motions for summary judgment in whatever order it chooses.
`
`The Court will review the party' s summary judgment motions in the order designated by the party.
`
`If the Court decides to deny a motion filed by the party, barring exceptional reasons determined
`
`sua sponte by the Court, the Court will not review any lower ranked summary motions filed by the
`
`party.
`
`( d)
`
`Oral Argument. Oral argument on the pending summary judgment and
`
`Daubert motions shall be held on January 24, 2023 at 10:00 a.m. in Courtroom 6B.
`
`5.
`
`Applications bv Motion. Except as otherwise specified herein, any application to
`
`the Court shall be by written motion. Any non-dispositive motion should contain the statement
`
`required by Local Rule 7 .1 .1.
`
`6.
`
`Papers Filed Under Seal. In accordance with section G of the Revised
`
`Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version
`
`of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed
`
`document.
`
`7.
`
`Courtesv Copies. The parties shall provide to the Court two (2) courtesy copies of
`
`filings (i.e., briefs, appendices, exhibits, declarations, affidavits etc.) . Courtesy copies of
`
`appendices and exhibits should include hard tabs. This provision also applies to papers filed under
`
`seal.
`
`8.
`
`Motions in Limine. Motions in limine shall not be separately filed. All in limine
`
`requests and responses thereto shall be set forth in the proposed pretrial order. Each SIDE shall be
`
`limited to three (3) in limine requests, unless otherwise permitted by the Court. The in limine
`
`5
`
`

`

`Case 1:20-cv-00125-GBW Document 530 Filed 11/01/22 Page 6 of 7 PageID #: 53951
`
`request and any response shall contain the authorities relied upon; each in limine request may be
`
`supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three
`
`(3) pages of argument, and the side making the in limine request may add a maximum of one (1)
`
`additional page in reply in support of its request. If more than one party is supporting or opposing
`
`an in limine request, such support or opposition shall be combined in a single three (3) page
`
`submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the
`
`Court. No separate briefing shall be submitted on in limine requests, unless otherwise permitted
`
`by the Court.
`
`9.
`
`Pretrial Conference. On April 25, 2023, the Court will hold a pretrial conference
`
`in Court with counsel beginning at 3:00 p.m.in Courtroom 6B . Unless otherwise ordered by the
`
`Court, the parties should assume that filing the pretrial order satisfies the pretrial disclosure
`
`requirement of Federal Rule of Civil Procedure 26(a)(3). The parties shall file with the Court the
`
`joint proposed final pretrial order in compliance with Local Rule 16.3(c) and the Court's
`
`Preferences and Procedures for Civil Cases not later than seven (7) days before the pretrial
`
`conference. Unless otherwise ordered by the Court, the parties shall comply with the timeframes
`
`set forth in Local Rule 16.3(d)(l)-(3) for the preparation of the joint proposed final pretrial order.
`
`The parties shall provide the Court two (2) courtesy copies of the joint proposed final
`
`pretrial order and all attachments. The proposed final pretrial order shall contain a table of contents
`
`and the paragraphs shall be numbered.
`
`10.
`
`Jury Instructions, Vair Dire, and Special Verdict Forms. Where a case is to be tried
`
`to a jury, pursuant to Local Rules 47.l(a)(2) and 51.1 the parties should file (i) proposed voir dire,
`
`(ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms seven
`
`(7) business days before the final pretrial conference. This submission shall be accompanied by a
`
`6
`
`

`

`Case 1:20-cv-00125-GBW Document 530 Filed 11/01/22 Page 7 of 7 PageID #: 53952
`
`courtesy copy containing electronic files of these documents, in Microsoft Word format, which
`
`may be submitted by e-mail to gbw_civil@ded.uscourts.gov.
`
`11 .
`
`Jury Trial. This matter is scheduled for a 5 day jury trial beginning at 9:30 a.m. on
`
`May 8, 2023, with the subsequent trial days beginning at 9:30 a.m. Until the case is submitted to
`
`the jury for deliberations, the jury will be excused each day at 5 :30 p.m. The trial will be timed, as
`
`counsel will be allocated a total number of hours in which to present their respective cases.
`
`12.
`
`Judgment on Verdict and Post-Trial Status Report. Within seven (7) days after a
`
`jury returns a verdict in any portion of a jury trial, the parties shall jointly submit a form of order
`
`to enter judgment on the verdict. At the same time, the parties shall submit a joint status report,
`
`indicating among other things how the case should proceed and listing any post-trial motions each
`
`party intends to file.
`
`13.
`
`Post-Trial Motions. Unless otherwise ordered by the Court, all SIDES are limited
`
`to a maximum of 20 pages of opening briefs, 20 pages of answering briefs, and 10 pages of reply
`
`briefs relating to any post-trial motions filed by that side, no matter how many such motions are
`
`filed.
`
`SO ORDERED this _ _ day of
`
`. \~
`
`The Honorable Gregory B. Williams
`United States District Judge
`
`7
`
`