`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`
`
`
`C.A. No. 22-252 (MSG)
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`ARBUTUS BIOPHARMA CORPORATION
`and GENEVANT SCIENCES GMBH,
`
`
`
`
`
`MODERNA, INC. and MODERNATX, INC.,
`
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`v.
`
`
`
`Defendants.
`
`STIPULATION AND ORDER TO EXTEND TIME
`
`WHEREAS, pursuant to the Stipulation and Order Regarding Scheduling Order Extension
`
`(D.I. 233), fact discovery closed on May 30, 2024;
`
`WHEREAS, the following witnesses are scheduled to be deposed by Plaintiffs Arbutus
`
`Biopharma Corporation and Genevant Sciences GmbH (collectively, “Plaintiffs”) after the
`
`May 30, 2024 fact discovery cutoff:
`
` Örn Almarsson;
`
` Don Parsons;
`
` Huijuan Li;
`
`WHEREAS, the following witnesses are scheduled to be deposed by Defendants Moderna,
`
`Inc. and ModernaTX, Inc. (collectively, “Moderna”) after the May 30, 2024 fact discovery cutoff:
`
` Peter Zorn;
`
` Kieu Lam;
`
` Edward Yaworski;
`
`WHEREAS, the parties agreed to extend the May 30, 2024 deadline for Moderna to
`
`(1) respond to Plaintiffs’ First Set of Requests for Admission (Nos. 1 – 50); (2) respond to
`
`
`
`Case 1:22-cv-00252-MSG Document 335 Filed 06/06/24 Page 2 of 3 PageID #: 20644
`
`Plaintiffs’ Fifth Set of Interrogatories (Nos. 19 – 25); and (3) supplement any other responses and
`
`objections to Plaintiffs’ previously-served discovery requests until June 7, 2024;
`
`WHEREAS the parties agreed to extend the May 30, 2024 deadline for Plaintiffs to
`
`(1) respond to Moderna’s Sixth Set of Interrogatories (Nos. 23 – 25); (2) respond to Moderna’s
`
`Second Set of Requests for Admission (Nos. 9 – 44); and (3) supplement any other responses and
`
`objections to Moderna’s previously discovery requests—with the exception of Moderna’s
`
`Interrogatory No. 5—until June 7, 2024; and
`
`
`
`WHEREAS the parties agreed that Plaintiffs shall supplement their responses to Moderna’s
`
`Interrogatory No. 5 by or on June 4, 2024;
`
`WHEREAS the parties agreed that Moderna shall complete production of documents
`
`relating to Plaintiffs’ § 271(f) claim by June 7, 2024;
`
`NOW, THEREFORE, IT IS HEREBY STIPULATED, by and between the parties thereto,
`
`through their respective counsel, and subject to the approval of the Court, that the parties have
`
`agreed to take the above list of depositions after the close of the fact discovery period on
`
`May 30, 2024, but in no event after June 12, 2024.
`
`IT IS FURTHER STIPULATED, that the above responses and objections and document
`
`production shall be extended as described above, and no other extension shall be granted without
`
`approval of the Court. No further out-of-time fact discovery is being requested in connection with
`
`this Stipulation, and no other deadlines are affected by this Stipulation.
`
`Pursuant to D. Del. Local Rule 16.4, counsel certifies that copies of this stipulation have
`
`been sent to their respective clients.
`
`2
`
`
`
`Case 1:22-cv-00252-MSG Document 335 Filed 06/06/24 Page 3 of 3 PageID #: 20645
`
`SHAW KELLER LLP
`
`/s/ Nathan R. Hoeschen
`
`John W. Shaw (#3362)
`Karen E. Keller (#4489)
`Nathan R. Hoeschen (#6232)
`Emily S. DiBenedetto (#6779)
`I.M. Pei Building
`1105 North Market Street, 12th Floor
`Wilmington, DE 19801
`(302) 298-0700
`jshaw@shawkeller.com
`kkeller@shawkeller.com
`nhoeschen@shawkeller.com
`edibenedetto@shawkeller.com
`
`Attorney for Plaintiffs
`
`May 31, 2024
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`/s/ Travis J. Murray
`
`Jack B. Blumenfeld (#1014)
`Brian P. Egan (#6227)
`Travis J. Murray (#6882)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@morrisnichols.com
`began@morrisnichols.com
`tmurray@morrisnichols.com
`
`Attorneys for Defendants
`
`6th
`June
`SO ORDERED this ___ day of _____________ 2024.
`
`/s/ Mitchell S. Goldberg
`UNITED STATES DISTRICT JUDGE
`
`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
