Case 2:20-cv-00337-JRG Document 209 Filed 11/08/21 Page 1 of 7 PageID #: 8353
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`SEAGEN INC.,
`
`v.
`
`Plaintiff,
`
`
`
`
`
`Civil Action No. 2:20-CV-00337-JRG
`
`DAIICHI SANKYO CO., LTD.,
`
`
`
`Defendant,
`
`ASTRAZENECA PHARMACEUTICALS LP, and
`ASTRAZENECA UK LTD,
`
`
`Intervenor-Defendants.
`
`
`JOINT MOTION TO AMEND DOCKET CONTROL ORDER
`
`Plaintiff Seagen Inc. (“Seagen”) and Defendants Daiichi Sankyo Company, Limited
`
`(“Daiichi Sankyo Japan”), AstraZeneca Pharmaceuticals LP, and AstraZeneca UK Ltd.
`
`(collectively “the Parties”) respectfully submit this Joint Motion to Amend the Docket Control
`
`Order.
`
`The Parties have met and conferred, and respectfully request that the Court enter the
`
`proposed amended schedule as shown in the table below.
`
`The Parties have agreed to amend the Docket Control Order to extend the deadlines to
`
`Serve Disclosures for Expert Witnesses by the Party with the Burden of Proof and to Serve
`
`Disclosures for Rebuttal Expert Witnesses, with the understanding that Plaintiff’s experts opining
`
`as to the validity of the asserted claims and the damages owed will be available for deposition
`
`between December 21-23.
`
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`SEAGEN INC.,
`
`v.
`
`Plaintiff,
`
`
`
`
`
`Civil Action No. 2:20-CV-00337-JRG
`
`DAIICHI SANKYO CO., LTD.,
`
`
`
`Defendant,
`
`ASTRAZENECA PHARMACEUTICALS LP, and
`ASTRAZENECA UK LTD,
`
`
`Intervenor-Defendants.
`
`
`JOINT MOTION TO AMEND DOCKET CONTROL ORDER
`
`Plaintiff Seagen Inc. (“Seagen”) and Defendants Daiichi Sankyo Company, Limited
`
`(“Daiichi Sankyo Japan”), AstraZeneca Pharmaceuticals LP, and AstraZeneca UK Ltd.
`
`(collectively “the Parties”) respectfully submit this Joint Motion to Amend the Docket Control
`
`Order.
`
`The Parties have met and conferred, and respectfully request that the Court enter the
`
`proposed amended schedule as shown in the table below.
`
`The Parties have agreed to amend the Docket Control Order to extend the deadlines to
`
`Serve Disclosures for Expert Witnesses by the Party with the Burden of Proof and to Serve
`
`Disclosures for Rebuttal Expert Witnesses, with the understanding that Plaintiff’s experts opining
`
`as to the validity of the asserted claims and the damages owed will be available for deposition
`
`between December 21-23.
`
`
`
`
`
`Case 2:20-cv-00337-JRG Document 209 Filed 11/08/21 Page 2 of 7 PageID #: 8354
`
`
`
`The Parties have agreed to keep the November 15, 2012 Deadline to Complete Fact
`
`Discovery and File Motions to Compel Discovery, but have provided an exception for limited fact
`
`depositions, including the deposition of Peter Senter and Todd Simpson on November 17-18, 2021,
`
`and December 3, 2021, respectively.
`
`The Parties believe there to be good cause to amend the Docket Control Order to extend
`
`the deadlines as reflected below in light of the holiday season.
`
`
`
`DATE
`
`NEW DATE
`
`EVENT
`
`April 4, 2022
`
`March 7, 2022
`
`February 28, 202
`
`February 22, 2022
`
`
`
`
`
`
`
`
`
`February 22, 2022
`
`
`
`*Jury Selection – 9:00 a.m. in Marshall,
`Texas
`
`* If a juror questionnaire is to be used, an
`editable
`(in Microsoft Word
`format)
`questionnaire shall be jointly submitted to
`the Deputy Clerk in Charge by this date.1
`
`in
`*Pretrial Conference – 9:00 a.m.
`Marshall, Texas before Judge Rodney
`Gilstrap
`
`*Notify Court of Agreements Reached
`During Meet and Confer
`
`The parties are ordered to meet and confer
`on any outstanding objections or motions in
`limine. The parties shall advise the Court of
`any agreements reached no later than 1:00
`p.m. three (3) business days before the
`pretrial conference.
`
`*File Joint Pretrial Order, Joint Proposed
`Jury Instructions, Joint Proposed Verdict
`Form, Responses to Motions in Limine,
`Updated Exhibit Lists, Updated Witness
`Lists, and Updated Deposition Designations
`
`
`1 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in
`Advance of Voir Dire.
`
`- 2 -
`
`
`
`Case 2:20-cv-00337-JRG Document 209 Filed 11/08/21 Page 3 of 7 PageID #: 8355
`
`
`
`DATE
`
`NEW DATE
`
`EVENT
`
`February 14, 2022
`
`
`
`February 7, 2022
`
`February 14, 2022
`
`February 7, 2022
`
`February 14, 2022
`
`January 31, 2022
`
`February 7, 2022
`
`January 18, 2022
`
`January 25, 2022
`
`January 10, 2022
`
`January 20, 2022
`
`for Daily
`*File Notice of Request
`Transcript or Real Time Reporting.
`
`If a daily transcript or real time reporting of
`court proceedings is requested for trial, the
`party or parties making said request shall
`file a notice with the Court and e-mail the
`Court Reporter, Shawn McRoberts, at
`shawn_mcroberts@txed.uscourts.gov.
`
`File Motions in Limine
`
`The parties shall limit their motions in
`limine
`to
`issues
`that
`if
`improperly
`introduced at trial would be so prejudicial
`that the Court could not alleviate the
`prejudice by giving appropriate instructions
`to the jury.
`
`Serve Objections
`Disclosures
`
`to Rebuttal Pretrial
`
`Serve Objections to Pretrial Disclosures;
`and Serve Rebuttal Pretrial Disclosures
`
`Serve Pretrial Disclosures (Witness List,
`Deposition Designations, and Exhibit List)
`by the Party with the Burden of Proof
`
`to Dispositive Motions
`*Response
`(including Daubert Motions). Responses to
`dispositive motions that were filed prior to
`the dispositive motion deadline, including
`Daubert Motions,
`shall be due
`in
`accordance with Local Rule CV-7(e), not to
`exceed the deadline as set forth in this
`Docket Control Order.2 Motions
`for
`Summary Judgment shall comply with
`Local Rule CV-56.
`
`
`2 The Parties are directed to Local Rule CV-7(d), which provides in part that “[a] party’s failure to
`oppose a motion in the manner prescribed herein creates a presumption that the party does not
`controvert the facts set out by movant and has no evidence to offer in opposition to the motion.”
`
`- 3 -
`
`
`
`Case 2:20-cv-00337-JRG Document 209 Filed 11/08/21 Page 4 of 7 PageID #: 8356
`
`
`
`
`
`DATE
`
`NEW DATE
`
`EVENT
`
`December 27, 2021
`
`January 6, 2022
`
`December 27, 2021
`
`January 6, 2022
`
`*File Motions to Strike Expert Testimony
`(including Daubert Motions)
`
`No motion to strike expert testimony
`(including a Daubert motion) may be filed
`after this date without leave of the Court.
`
`*File Dispositive Motions
`
`No dispositive motion may be filed after
`this date without leave of the Court.
`
`Motions shall comply with Local Rule CV-
`56 and Local Rule CV-7. Motions to extend
`page
`limits will only be granted
`in
`exceptional circumstances. Exceptional
`circumstances require more than agreement
`among the parties.
`
`December 20, 2021
`
`December 23, 2021
`
`Deadline to Complete Expert Discovery
`
`December 6, 2021
`
`December 13, 2021
`
`November 15, 2021
`
`
`
`November 15, 2021
`
`November 22, 2021
`
`Serve Disclosures for Rebuttal Expert
`Witnesses
`
`Deadline to Complete Fact Discovery and
`File Motions to Compel Discovery
`
`
`Serve Disclosures for Expert Witnesses by
`the Party with the Burden of Proof
`
`
`Dated: November 8, 2021
`
`Respectfully Submitted,
`
`By: Melissa R. Smith
`Michael A. Jacobs
`MJacobs@mofo.com
`Matthew A. Chivvis
`MChivvis@mofo.com
`
`
`
`
`
`By: Preston K. Ratliff II
`Deron R. Dacus
`Texas State Bar No. 00790553
`ddacus@dacusfirm.com
`THE DACUS FIRM, P.C.
`
`
`
`
`If the deadline under Local Rule CV 7(e) exceeds the deadline for Response to Dispositive
`Motions, the deadline for Response to Dispositive Motions controls.
`
`- 4 -
`
`
`
`Case 2:20-cv-00337-JRG Document 209 Filed 11/08/21 Page 5 of 7 PageID #: 8357
`
`
`
`MORRISON & FOERSTER LLP
`425 Market Street
`San Francisco, California 94105
`Telephone: 415.268.7000
`Facsimile: 415.268.7522
`
`Bryan Wilson
`BWilson@mofo.com
`Pieter S. de Ganon
`PdeGanon@mofo.com
`MORRISON & FOERSTER LLP
`755 Page Mill Road
`Palo Alto, California 94304-1018
`Telephone: 650.813.5600
`Facsimile: 650.494.0792
`
`Melissa R. Smith
`Texas State Bar No. 24001351
`melissa@gillamsmithlaw.com
`GILLAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: 903.934.8450
`Facsimile: 903.934.9257
`
`Of Counsel:
`
`T. John Ward, Jr.
`Texas State Bar No. 00794818
`jw@wsfirm.com
`Charles Everingham IV
`Texas State Bar No. 00787447
`ce@wsfirm.com
`Andrea L. Fair
`Texas State Bar No. 24078488
`andrea@wsfirm.com
`WARD, SMITH & HILL, PLLC
`1507 Bill Owens Parkway
`Longview, Texas 75604
`Telephone: 903.757.6400
`Facsimile: 903.757.2323
`
`Attorneys for Plaintiff Seagen Inc.
`
`821 ESE Loop 323, Suite 430
`Tyler, Texas 75701
`Telephone: 903.705.1117
`Facsimile: 903.581.2543
`
`J. Mark Mann
`Texas State Bar No. 12926150
`mark@themannfirm.com
`G. Blake Thompson
`Texas State Bar No. 240420033
`blake@themannfirm.com
`MANN | TINDEL | THOMPSON
`201 E. Howard Street
`Henderson, Texas
`Telephone: 903.357.8540
`Facsimile: 903.657.6003
`
`Attorneys for Defendant Daiichi Sankyo
`Company, Limited
`
`OF COUNSEL:
`
`Preston K. Ratliff II
`Joseph M. O’Malley, Jr.
`Ashley N. Mays-Williams
`PAUL HASTINGS LLP
`200 Park Avenue
`New York, New York 10166
`Telephone: 212.318.6000
`
`Jeffrey A. Pade
`PAUL HASTINGS LLP
`2050 M Street NW
`Washington, DC 20036
`Telephone: 202.551.1700
`
`Attorneys for Defendant Daiichi Sankyo
`Company, Limited
`
`
`
`By: David I. Berl
`Jennifer Park Ainsworth
`Texas State Bar No. 00784720
`WILSON, ROBERTSON & CORNELIUS,
`P.C.
`909 ESE Loop 323, Suite 400
`Tyler, Texas 75701
`Telephone: 903.509.5000
`
`- 5 -
`
`
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`Case 2:20-cv-00337-JRG Document 209 Filed 11/08/21 Page 6 of 7 PageID #: 8358
`
`
`
`
`
`
`Facsimile: 903.509.5092
`
`Attorneys for Intervenor-Defendants
`AstraZeneca Pharmaceuticals LP and
`AstraZeneca UK Ltd.
`
`OF COUNSEL:
`
`David I. Berl
`Thomas S. Fletcher
`Jessica L. Pahl
`Kathryn Kayali
`Kevin Hoagland-Hanson
`Andrew Hoffman
`WILLIAMS & CONNOLLY LLP
`725 Twelfth Street, N.W.
`Washington, DC 20005
`Telephone: 202.434.5000
`Facsimile: 202.434.5029
`
`Attorneys for Intervenor-Defendants
`AstraZeneca Pharmaceuticals LP and
`AstraZeneca UK Ltd.
`
`
`
`- 6 -
`
`
`
`Case 2:20-cv-00337-JRG Document 209 Filed 11/08/21 Page 7 of 7 PageID #: 8359
`
`
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`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that counsel of record who are deemed to have consented to electronic
`
`service are being served this 8th day of November 2021, with a copy of this document via the
`
`Court’s CM/ECF system per Local Rule CV-5(a)(3).
`
`/s/ Melissa R. Smith
`
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF CONFERENCE
`
`I hereby certify that counsel for Plaintiff and counsel for Defendants have complied with
`
`the meet and confer requirement in Local Rule CV -7(h) regarding this Motion on October 21,
`
`2021. The Parties are in agreement and are seeking joint relief.
`
`
`
`
`
`/s/ Melissa R. Smith
`
`
`
`
`
`
`
`
`- 7 -
`
`
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