`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
` C.A. No. 20-925-JFB-SRF
`
`))))))))))))))
`
`HOLOGIC, INC., a Delaware corporation;
`and CYTYC SURGICAL PRODUCTS,
`LLC, a Massachusetts limited liability
`company,
`
`Plaintiffs,
`
`v.
`
`MINERVA SURGICAL, INC., a Delaware
`corporation,
`
`Defendant.
`
`STIPULATION AND PROPOSED ORDER REGARDING SURREPLY EXPERT
`REPORT AND SCHEDULING ONE EXPERT DEPOSITION
`AFTER THE CLOSE OF EXPERT DISCOVERY
`
`WHEREAS, on October 23, 2020 the Court entered a Scheduling Order (D.I. 20) setting the
`following deadlines for expert discovery:
`
` Opening expert reports due January 18, 2021;
` Rebuttal expert reports due on February 8, 2021;
` Reply expert reports due on February 22, 2021;
` Close of expert discovery on March 8, 2021.
`D.I. 20 ¶ 2.h.i-iii., v.
`WHEREAS, the Court’s Scheduling Order provides: “No other expert reports will be permitted
`without either the consent of all parties or leave of the Court.” D.I. 20 ¶ 2.h.iv.
`WHEREAS, the parties desire to resolve a dispute regarding expert reports by stipulation
`approved by the Court whereby Minerva may serve a surreply expert report of Dr. Robert Tucker by
`March 8, 2021 and Dr. Tucker’s deposition will be rescheduled from March 2, 2021 to March 11,
`2021.
`
`WHEREAS, other than Dr. Tucker’s deposition occurring after the Expert Discovery cutoff,
`
`1
`
`
`
`Case 1:20-cv-00925-JFB-SRF Document 80 Filed 02/25/21 Page 2 of 2 PageID #: 2968
`
`there will be no effect on the remaining deadlines in the Court’s schedule.
` IT IS HEREBY STIPULATED AND AGREED by and between the parties, subject to
`approval of the Court, that:
`
` Minerva may serve a surreply expert report of Dr. Robert Tucker by March 8, 2021;
`and
`
` The deposition of Dr. Tucker will be rescheduled from March 2, 2021 to March 11,
`2021.
`
`Dated: February 25, 2021
`
`/s/ Karen L. Pascale
`Karen L. Pascale (#2903)
`YOUNG CONWAY STARGATT & TAYLOR LLP
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`(302) 571-6600
`kpascale@ycst.com
`
`Counsel for Plaintiffs, Hologic, Inc. and
`Cytyc Surgical Products, LLC
`
`
`/s/ Ian R. Liston
`Ian R. Liston (#5507)
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`222 Delaware Avenue, Suite 800
`Wilmington, DE 19801
`(302) 304-7600
`iliston@wsgr.com
`
`Counsel for Defendant Minerva Surgical, Inc.
`
`SO ORDERED this _______ day of _______ 2021.
`
`________________________________
`
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`
`
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