`
`Daniel M. Silver
`Partner
`T. 302-984-6331
`F. 302-691-1260
`dsilver@mccarter.com
`
`
`McCarter & English, LLP
`Renaissance Centre
`405 N. King Street, 8th Floor
`Wilmington, DE 19801-3717
`www.mccarter.com
`
`
`
`December 20, 2019
`
`VIA CM/ECF & HAND DELIVERY
`The Honorable Magistrate Sherry R. Fallon
`United States District Court for the District of Delaware
`
`J. Caleb Boggs Federal Building
`
`844 North King Street
`Wilmington, DE 19801-3555
`
`Re: Genentech, Inc. v. Amgen Inc., C.A. No. 18-924-CFC-SRF (D. Del.)
`
`Dear Magistrate Fallon:
`
`
`
`
`
`
`
`We write on behalf of Genentech in regard to Your Honor’s Oral Order
`
`granting the parties’ Joint Motion for Teleconference (DI 468). We appreciate the
`Court’s prompt action on the Motion, but respectfully inquire if it would be possible
`for the Court to hear the disputed discovery issues any sooner than January 29, 2020.
`While cognizant of the burdens imposed on the Court, we are concerned that a delay
`in resolution of these important discovery issues until January 29th will make
`compliance with the remainder of the case schedule (including a January 31st fact
`discovery cut-off and February 14th opening expert report deadline) impossible.
`Genentech has attempted to engage with Amgen on these issues since November and
`has been working diligently to resolve these issues within the existing case schedule.
`Genentech’s counsel will be available at any earlier date for a teleconference set by
`the Court. We thank the Court for its consideration.
`
`Counsel are available should the Court have any questions.
`
`
`
`Respectfully submitted,
`/s/ Daniel M. Silver
`Daniel M. Silver (#4758)
`cc: All counsel of record (via CM/ECF)
`
`
`
`
`
`
`
`ME1 32220229v.1
`
`
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