Case 1:15-cv-00697-RGA Document 92 Filed 05/10/17 Page 1 of 2 PageID #: 968
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`Case 1:15-cv-OO697-RGA Document 92 Filed 05/10/17 Page 1 of 2 PagelD #: 968
`RICH ARDS
`&
`
`FIN
`
`Kell E Farnan
`DireZtor
`
`302-651-7705
`
`Farnan@rlf.com
`
`May 10,2017
`
`BYCM/ECF AND HAND DELIVERY
`
`The Honorable Richard G. Andrews
`
`United States District Court
`
`District of Delaware
`
`844 N. King Street
`Wilmington, DE 19801
`
`Re:
`
`Hospira, Inc. v. Amneal Pharmaceuticals LLC,
`CA. No. 15-697—RGA
`
`Dear Judge Andrews:
`
`I write on behalf of Defendant Amneal Pharmaceuticals LLC (“Amneal”) to request the
`Court’s assistance in rescheduling the three-day trial in this Hatch Waxman Act case, which had
`been scheduled for June 5, 2017. In accordance with Your Honor’s instructions, we attempted to
`agree with Hospira on a date in July or August. We indicated a preference for July in light of
`some known witness availability issues in mid-August.
`
`On Tuesday morning, Hospira proposed three possible dates when they would be
`available for trial, in their order of preference:
`(a) August 7-11, (b) August 14-17 and (c) July
`27, 28 & 31. Because the two August dates were impossible for two of Amneal’s expert witness,
`we proceeded to ask all experts to confirm the July 27 date. That afternoon, we advised Hospira
`that we expected to confirm the July 27 date, and anticipated confirmation from one last expert —
`Dr. James Cain, who was in the process of rearranging his operating room duties for the summer
`in order to accommodate Hospira’s dates. Dr. Cain since has informed us he was very fortunate
`to be able to persuade the hospital to make the necessary changes, in light of the scheduling
`demands of summer.
`
`A few hours later, Hospira’s counsel stated that it now had an “issue” with July 27, and
`were now looking to September. This morning, Hospira’s counsel confirmed that by “issue”
`they meant they were no longer available for trial on the July 27 date offered. They indicated
`that this was in some part due to their client’s instruction to “block out” the entire month of July.
`We of course understand that counsel is bound by client instructions to retract its proffered date,
`
`One Rodne}r Square I 920 North King Street I Wilmington, Dli 19801 I Phone: 302-651—7700 I Fax: 302—651—7701
`
`RLFl
`
`l7535874v.1
`
`wwwrlilcom
`
`

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`Case 1:15-cv-00697-RGA Document 92 Filed 05/10/17 Page 2 of 2 PageID #: 969
`Case 1:15-cv-OO697-RGA Document 92 Filed 05/10/17 Page 2 of 2 PagelD #: 969
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`The Honorable Richard G. Andrews
`
`May 10, 2017
`Page 2
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`and respectfully request the Court’s assistance in setting the trial for July 27. Given that it
`appears that Hospira will be able to present all of its necessary witnesses at a trial scheduled for
`July 27, 28 & 31, there does not appear to be any prejudice to Hospira if that date is set by the
`Court. Moreover, because this case is subject to a 30-month stay that expires in December 2017,
`it is important to Amneal that a reasonably prompt trial date be set. If Your Honor schedules the
`trial for late July as requested, it will allow the parties sufficient time to submit post-trial briefs
`and for Your Honor to issue a decision in advance of the expiration of the 30-month stay.
`
`We appreciate the Court’s assistance in resolving this issue and will make ourselves
`available at the convenience of the Court if Your Honor would like to hold a teleconference on
`
`this issue.
`
`KEF/lll
`
`cc:
`
`Counsel of Record (by CM/ECF)
`
`Respectfully,
`
`/s/ Kelly E. Farnan
`
`Kelly E. Farnan (#4395)
`
`RLF] l7535874v.l
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`