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`Case 1:14-cv-01432-LPS Document 256 Filed 03/24/20 Page 1 of 2 PageID #: 16486
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`Frederick L. Cottrell, III
`Director
`302--651-7509
`Cottrell@rlf.com
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`March 24, 2020
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`VIA CM/ECF
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`The Honorable Leonard P. Stark
`United States District Court
`District of Delaware
`844 King Street
`Wilmington, DE 19801
`
`Re: Elm 3DS Innovations LLC v. Micron Tech. Inc. et al, C.A. No.
`1:14-1431-LPS-CJB
`
`Dear Chief Judge Stark:
`
`Defendants submit this letter further to the stipulation filed on this same date in order to
`complete the record and provide needed context and information on the stipulated extension.
`The stipulated extension is consistent with Your Honor’s March 18, 2020 Standing Order In Re
`Court Operations Under The Exigent Circumstances Created By COVID-19, which calls for
`applying “the principles of flexibility and accommodation to reasonable requests for filing or
`scheduling adjustments necessitated by reasonable and fact-based travel, health or safety
`concerns, or advice or directives of public health officials.” Standing Order ¶ 3. The need for
`the extension here arose from the following circumstances:
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` The World Health Organization declared the COVID-19 outbreak a global pandemic and
`public health emergency of international concern.
` The United States Centers for Disease Control and Prevention (“CDC”) determined that
`COVID-19 presents a serious public health threat.
` The current administration advised that people should avoid discretionary travel and
`otherwise gathering in groups of 10 or more.
` The Department of State advised U.S. citizens to avoid all international travel due to the
`global impact of COVID-19.
` The CDC advised that crowded travel settings, like airports, may increase one’s risk of
`exposure to COVID-19, if there are other travelers with COVID-19.
`In accordance with the CDC Level 3 warning, Micron, Samsung, and Hynix have
`implemented internal corporate policies requiring avoidance of all nonessential travel and
`mandating work from home policies.
` As such, the efforts by employees of Defendants to comply with the CDC Level 3
`warning and corporate policies are delaying the completion of discovery.
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`
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`Case 1:14-cv-01432-LPS Document 256 Filed 03/24/20 Page 2 of 2 PageID #: 16487
`The Honorable Leonard P. Stark
`March 24, 2020
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`
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`Based on these circumstances, Defendants initially requested that Elm agree to a five-
`month extension of the schedule. Elm refused that request. Defendants continue to believe that
`a five-month extension is a more realistic assessment of the delay that will be caused by the
`complications of COVID-19, but rather than engage in a dispute requiring the Court’s
`involvement, Defendants agreed to a three-month extension with the understanding that
`Defendants may request a further extension if it becomes necessary. At that point, Defendants
`will seek agreement from Elm to an additional extension.
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`Should Your Honor have any questions about the foregoing or the stipulation, counsel
`for Defendants are available at the Court’s convenience.
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`Respectfully,
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`/s/ Frederick L. Cottrell, III
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`Frederick L. Cottrell, III (#2555)
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`cc:
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`All Counsel of Record
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