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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 20-1580 (LPS)
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`)))))))))
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`
`
`
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`v.
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`GUARDANT HEALTH, INC.,
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`
`Plaintiff,
`
`
`FOUNDATION MEDICINE, INC.,
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`
`Defendant.
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`STIPULATION AND [PROPOSED] ORDER
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`WHEREAS Plaintiff Guardant Health, Inc. (“Guardant”) filed a reply brief (D.I. 46) in
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`connection with its Motion for Preliminary Injunction in this matter and, in support, submitted a
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`new declaration from the vice president of clinical development at Guardant, Justin Odegaard
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`(D.I. 47);
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`WHEREAS thereafter the parties met and conferred and agreed that: (1) Guardant will
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`make Dr. Odegaard available for a deposition on April 26, 2021, and (2) following the deposition,
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`Defendant Foundation Medicine, Inc. (“FMI”) may file a surreply brief of no more than five pages
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`in opposition to Guardant’s Motion; and
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`WHEREAS the Court has scheduled a hearing on Guardant’s Motion for May 14, 2021, at
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`9:00 a.m. (D.I. 19);
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`IT IS HEREBY STIPULATED by the parties, subject to the approval of the Court, that
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`Foundation Medicine may file a surreply brief in opposition to Guardant’s Motion by May 4, 2021,
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`that shall not exceed five pages.
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`
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`
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`Case 1:20-cv-01580-LPS Document 50 Filed 04/15/21 Page 2 of 2 PageID #: 10736
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`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`/s/ Jeremy A. Tigan
`
`
`
`Karen Jacobs (#2881)
`Jeremy A. Tigan (#5239)
`Sarah Simonetti (#6698)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`kjacobs@morrisnichols.com
`jtigan@morrisnichols.com
`ssimonetti@morrisnichols.com
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`Attorneys for Defendant Foundation Medicine, Inc.
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`FARNAN LLP
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`/s/ Brian E. Farnan
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`
`
`Brian E. Farnan (#4089)
`Michael J. Farnan (#5165)
`919 N. Market St., 12th Floor
`Wilmington, DE 19801
`(302) 777-0300
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw.com
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`Attorneys for Plaintiff Guardant Health, Inc.
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`
`April 15, 2021
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`SO ORDERED this ____ day of _________________, 2021.
`
`J.
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`2
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