`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`HOLOGIC, INC., a Delaware corporation; and
`CYTYC SURGICAL PRODUCTS, LLC, a
`Massachusetts limited liability company,
`Plaintiffs,
`
`v.
`MINERVA SURGICAL, INC., a Delaware
`corporation,
`
`Defendant.
`
` C.A. No. 20-925-JFB-SRF
`
`MOTION TO EXTEND BRIEFING SCHEDULE
`
`Defendant Minerva Surgical, Inc. (“Minerva”), by and through its undersigned counsel,
`
`respectfully moves the Court to extend the deadline set by the Court’s December 22, 2020 Order
`
`granting the parties’ Joint Motion for Teleconference to Resolve Discovery Dispute (the “Joint
`
`Motion,” D.I. 48) to file Minerva’s responsive submission to tomorrow, December 30, 2020.
`
`The grounds for this motion are set forth below:
`
`1.
`
`Pursuant to the Court’s December 22, 2020 Order, Minerva’s responsive letter
`
`brief is currently due today, December 29, 2020, with the Telephone Conference scheduled for
`
`January 5, 2021. Minerva seeks one additional day to respond to the Opening Discovery Dispute
`
`Letter (the “Opening Letter”) that Plaintiffs Hologic, Inc. and Cytic Surgical Products, LLC
`
`(collectively, “Hologic”) filed on December 28, 2020 (D.I. 49) to respond to positions Hologic
`
`has taken, and case law Hologic has cited, since the parties met and conferred on December 15,
`
`2020.
`
`2.
`
`By its Opening Letter, Hologic argues that Minerva, by virtue of its reliance on a
`
`letter opinion of an independent (not trial) counsel produced to Hologic in a prior action on
`
`February 1, 2017, has waived privilege as to communications with, not only opinion counsel, but
`
`also with trial counsel. During the parties’ December 15, 2020 meet and confer, however,
`
`-1-
`
`
`
`Case 1:20-cv-00925-JFB-SRF Document 50 Filed 12/29/20 Page 2 of 3 PageID #: 962
`
`counsel for Hologic expressly stated that Hologic was not then arguing a waiver of privilege
`
`regarding communications with trial counsel; Minerva’s counsel sent emails confirming
`
`Minerva’s understanding of Hologic’s position on December 18, 2020. Ex. A and B.
`
`3.
`
`Although the fact that Hologic would seek a waiver of privilege regarding
`
`communications with trial counsel was clear as of December 18, 2020, the scope of the waiver
`
`Hologic seeks and the full authority on which it would rely were not apparent until Hologic
`
`served the Opening Letter on December 28, 2020.
`
`4.
`
`Given the breadth and the seriousness of the relief sought by Hologic through this
`
`discovery dispute and the change in its position since the parties’ meet and confer, Minerva
`
`respectfully requests that the Court extend the deadline for Minerva to file its responsive letter
`
`brief by one day, to December 30, 2020.
`
`5.
`
`After Hologic served the Opening Letter, counsel for Minerva conferred with
`
`counsel for Hologic by email on the evening of December 28, 2020 regarding this motion for an
`
`extension. Hologic’s counsel advised that Hologic opposes the request for an extension, but that
`
`it is not inclined to submit argument in response to this motion.
`
`-2-
`
`
`
`Case 1:20-cv-00925-JFB-SRF Document 50 Filed 12/29/20 Page 3 of 3 PageID #: 963
`
`DATED: December 29, 2020
`
`WILSON SONSINI GOODRICH & ROSATI PC
`
`/s/ Ian R. Liston
`
`Ian Robert Liston (Del. Bar ID No. 5507)
`222 Delaware Avenue, Suite 800
`Wilmington, DE 19801
`Telephone: (302) 304-7606
`iliston@wsgr.com
`
`Edward G. Poplawski
`Erik J. Carlson
`Olivia M. Kim
`WILSON SONSINI GOODRICH & ROSATI PC
`633 West Fifth Street, Suite 1550
`Los Angeles, CA 90071
`Telephone: (323) 210-2900
`epoplawski@wsgr.com
`ecarlson@wsgr.com
`okim@wsgr.com
`
`Vera M. Elson
`WILSON SONSINI GOODRICH & ROSATI PC
`650 Page Mill Road
`Palo Alto, CA 94304
`Telephone: (650) 493-9300
`velson@wsgr.com
`
`Attorneys for Defendant Minerva Surgical, Inc.
`
`-3-
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
