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`Ryan P. Newell
`TEL (302) 888-6434
`FAX (302) 757-7302
`EMAIL rnewell@connollygallagher.com
`
`
`May 10, 2017
`
`
`Via Electronic Filing
`The Honorable Richard G. Andrews
`U.S. District Court for the District of Delaware
`J. Caleb Boggs Federal Building
`Wilmington, Delaware 19801
`
`Re: Hospira Inc. v. Amneal Pharmaceuticals LLC, C.A. No 15-697-RGA
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`
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`Dear Judge Andrews:
`
`We represent Hospira Inc. (“Hospira”) in the above captioned matter. We write in
`response to the letter Amneal Pharmaceuticals LLC (“Amneal”) filed earlier this afternoon
`regarding trial scheduling. Regardless of the allegations in Amneal’s letter, which we dispute,
`the reality is that the parties attempted in good faith to find a mutually agreeable timeframe to
`suggest to the Court for trial in July or August, but failed. Hospira remains available to hold trial
`during the August 7-17 timeframe suggested to Amneal yesterday.
`
`Further, while we prefer not to take issue with the details surrounding counsels’ attempts
`to reschedule trial, certain statements in Amneal’s letter require clarification:
`
`This past weekend after the Court informed the parties on Friday afternoon that
`trial would need to be rescheduled, the parties discussed whether May 31 to June
`1 was a viable option. While Hospira would have preferred to reschedule trial for
`May, we understood that conflicts for both parties precluded trial in that
`timeframe.
`
`Hospira reached out Amneal yesterday to discuss specific trial dates to suggest to
`the Court. Hospira provided twelve dates it “believe[d]” it could offer at that
`time, with the July 27-28, 31 dates being least preferable. Amneal did not and has
`not provided dates for consideration to Hospira.
`
`Until its letter submission to the Court, Amneal never communicated that it was
`indeed available for trial beginning July 27, 2017. Amneal did not even indicate
`its availability for
`trial during
`that
`timeframe yesterday after Hospira
`communicated its unavailability.
`
` •
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` •
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` •
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`Case 1:15-cv-00697-RGA Document 93 Filed 05/10/17 Page 2 of 2 PageID #: 971
`The Honorable Richard G. Andrews
`May 10, 2017
`Page 2 of 3
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`
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`Hospira called Amneal’s counsel this morning to further discuss scheduling
`issues. Hospira did not indicate instruction from its client to simply “block out”
`July. Hospira has actual scheduling issues with the July 27 date, including in-
`house client, expert witness, and may-call fact witness availability.
`
`•
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` •
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`Hospira only suggested to Amneal that it would seek availability from its
`witnesses in September to be proactive, in case the Court asked the parties to look
`into that month for availability.
`
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`We remain available at the convenience of the Court.
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`cc:
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`All counsel of record
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`Respectfully submitted,
`
`/s/ Ryan P. Newell
`
`Ryan P. Newell (#4744)
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