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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`UNIVERSITY OF MASSACHUSETTS and
`CARMEL LABORATORIES LLC,
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` Plaintiffs,
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`v.
`
`L’ORÉAL USA, INC.,
`
` Defendant.
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`C.A. No. 17-868-CFC-SRF
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`STIPULATION AND [PROPOSED] ORDER TO AMEND SCHEDULING ORDER
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`WHEREAS, the parties met and conferred regarding an amendment to the discovery
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`deadlines in the case schedule;
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`WHEREAS, the proposed extension does not move the deadline to file summary judgment
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`motions or the trial date; and
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`WHEREAS, the parties have agreed on extensions to fact and expert discovery deadlines
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`without prejudice to either or both parties revisiting additional extensions;
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`NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the parties,
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`through their undersigned counsel and subject to the approval of the Court, that the Scheduling
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`Order (D.I. 46) as previously amended, shall be amended as follows:
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`CURRENT
`DEADLINE
`N/A
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`PROPOSED
`DEADLINE
`May 8, 2020
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`Defendant Completes Document
`Supplementation For Any Outstanding
`Issues1
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`1 Defendant agrees to proceed with collection, review and production of documents
`pursuant to Judge Fallon’s discovery orders in this case in a good faith effort to make this
`deadline and agrees, as required by Judge Fallon’s discovery orders, to communicate with
`Plaintiffs’ counsel should it appear there will be complications in meeting this deadline. The
`parties have agreed that if, despite Defendant’s best efforts, the production is not complete by
`this deadline, Plaintiffs will need more time to conduct depositions because Plaintiffs cannot take
`depositions of L’Oréal USA witnesses until L’Oréal USA has produced documents.
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`EVENT
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`1
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`Case 1:17-cv-00868-CFC-SRF Document 139 Filed 05/04/20 Page 2 of 3 PageID #: 4874
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`May 22, 2020
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`June 5, 2020
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`N/A
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`N/A
`June 30, 2020
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`July 17, 2020
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`Close of Fact Discovery Except for
`Depositions Not Able to Occur Due to
`Document Supplementation2
`Initial Expert Disclosures/Reports Except for
`Plaintiffs’ Damages Report
`Close of Fact Depositions For Any Witness
`Due to Document Supplementation
`Plaintiffs’ Damages Expert Report
`Response Expert Disclosures/Reports For
`Reports Served On June 19
`Reply Expert Disclosures/Reports For
`Reports Served On June 19
`N/A
`Defendant’s Responsive Damages Report
`N/A
`Plaintiffs’ Reply Damages Expert Report
`Expert Deposition Deadline For All Reports August 7, 2020
`Case Dispositive Motion Opening Briefs
`September 4, 2020
`Case Dispositive Motion Response Briefs
`October 2, 2020
`Case Dispositive Motion Reply Briefs
`October 16, 2020
`File Joint Pretrial Order
`January 25, 2021 at
`5 p.m.
`January 25, 2021 at
`5 p.m.
`January 28, 2021 at
`4 p.m.
`Monday, February
`8, 2021 at 9 a.m.
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`Jury Instructions, Voir Dire and Special
`Verdict Forms
`Final Pretrial Conference
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`Trial
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`June 5, 2020
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`June 19, 2020
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`June 19, 20203
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`July 6, 2020
`July 14, 2020
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`July 31, 2020
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`July 31, 2020
`August 14, 2020
`August 21, 2020
`No Change
`No Change
`No Change
`No Change
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`No Change
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`No Change
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`No Change
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`2 The parties agree that the extension to fact discovery only affects the taking of
`depositions and that the time for service of new written discovery has passed.
`3 If necessary, non-technical L’Oréal USA witnesses may be deposed after June 19 but on
`or before June 30, 2020.
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`2
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`Case 1:17-cv-00868-CFC-SRF Document 139 Filed 05/04/20 Page 3 of 3 PageID #: 4875
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`/s/ Brian E. Farnan
`Brian E. Farnan
`Michael J. Farnan
`Farnan LLP
`919 North Market Street
`12th Floor
`Wilmington, DE 19801
`(302) 777-0300
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw.com
`Attorneys for Plaintiffs
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`Dated: May 4, 2020
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`/s/ Katharine L. Mowery
`Frederick L. Cottrell, III (#2555)
`Katharine L. Mowery (#5629)
`Richards, Layton & Finger, P.A.
`One Rodney Square
`920 N. King Street
`Wilmington, Delaware 19801
`(302) 651-7700
`cottrell@rlf.com
`mowery@rlf.com
`Attorneys for Defendant
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`SO ORDERED this ________ day of ___________, 2020.
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`The Honorable Colm F. Connolly
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`3
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