`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`Plaintiff,
`
`
`
`v.
`
`
`
`Defendants.
`
`
`
`
`C.A. No. 22-311-WCB
`
`JURY TRIAL DEMANDED
`
`
`
`))))))))))
`
`
`
`IMPOSSIBLE FOODS INC.,
`
`
`
`
`
`MOTIF FOODWORKS, INC. and
`GINKGO BIOWORKS, INC.,
`
`
`
`STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO CHALLENGE
`ASSERTIONS OF PRIVILEGE
`
`WHEREAS, on August 29, 2023, the Court entered the Stipulated Amended Protective
`
`Order (the “Protective Order”) (D.I. 186) by and between Plaintiff Impossible Foods. Inc.
`
`(“Impossible”), Defendant Motif Food Works, Inc (“Motif”), and Defendant Ginkgo Bioworks,
`
`Inc., (“Ginkgo”);
`
`WHEREAS, Ginkgo produced certain documents discussed herein under the Protective
`
`Order;
`
`WHEREAS, on March 11, 2024, Defendant Ginkgo provided written notice to
`
`Impossible pursuant to ¶ 14.1 of the Protective Order that it intended to claw back the produced
`
`document bearing production number GINKGO0076193 that it deemed privileged;
`
`WHEREAS, on March 15, 2024, Impossible provided Ginkgo with written notice
`
`pursuant to ¶ 14.2 of the Protective Order that it wished to contest Ginkgo’s assertion of
`
`privilege regarding GINKGO0076193 and had destroyed all but one (1) copy of the document
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`only for the purposes of filing a motion to contest the privilege claim;
`
`WHEREAS, on March 20, 2024, Ginkgo provided to Impossible a description of the
`
`basis for its privilege claim over GINKGO0076193 pursuant to ¶ 14.3 of the Protective Order;
`
`
`
`Case 1:22-cv-00311-WCB Document 420 Filed 03/27/24 Page 2 of 3 PageID #: 25370
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`WHEREAS, on March 20, 2024, Ginkgo provided written notice to Impossible pursuant
`
`to ¶ 14.1 of the Protective Order that it intended to claw back the produced documents bearing
`
`production numbers GINKGO0111385-433 and GINKGO112161-209 that it deemed privileged;
`
`WHEREAS, on March 26, 2024, Impossible provided Ginkgo with written notice
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`pursuant to ¶ 14.2 of the Protective Order that it wished to contest Ginkgo’s assertion of
`
`privilege regarding GINKGO0111385-433 and GINKGO112161-209 and had destroyed all but
`
`one (1) copy of the documents only for the purposes of filing a motion to contest the privilege
`
`claim; and
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`WHEREAS, on March 26, 2024, Impossible provided Ginkgo with written notice that it
`
`intended to seek relief from the Court in accordance ¶ 14.4 of the Protective Order regarding
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`Ginkgo’s assertion of privilege regarding GINKGO0076193;
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`IT IS HEREBY STIPULATED AND AGREED, by Impossible and Ginkgo, through
`
`their undersigned counsel, and subject to the approval of the Court, as follows:
`
`1.
`
`The time for Impossible to maintain one (1) copy of GINKGO0076193 and
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`destroy any documents and information subsequently generated that contain information derived
`
`from GINKGO0076193 pursuant to ¶¶ 14.4 and 14.5 of the Protective Order relating to Ginkgo’s
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`assertion of privilege over GINKGO0076193 is extended through and including the period set
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`forth in ¶¶ 14.4 and 14.5 of the Protective Order relating to Ginkgo’s assertion of privilege over
`
`GINKGO0111385-433 and GINKGO112161-209; and
`
`2.
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`Impossible may seek relief from the Court in accordance with the Court’s
`
`procedures for resolution of discovery disputes with respect to Ginkgo’s assertions of privilege
`
`over GINKGO0076193, GINKGO0111385-433, and GINKGO112161-209 at the same time and
`
`on the same schedule.
`
`2
`
`
`
`Case 1:22-cv-00311-WCB Document 420 Filed 03/27/24 Page 3 of 3 PageID #: 25371
`
`
`
`
`
`POTTER ANDERSON & CORROON LLP
`
`By: /s/ Andrew M. Moshos
`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Andrew M. Moshos (#6685)
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`Tel: (302) 984-6000
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`amoshos@potteranderson.com
`
`Attorneys for Plaintiff Impossible Foods Inc.
`
`Dated: March 27, 2024
` 11410044 / 20200.00002
`
`
`
` MCCARTER & ENGLISH, LLP
`
`By: /s/ Alexandra M. Joyce
`Daniel M. Silver (#4758)
`Alexandra M. Joyce (#6423)
`405 N. King Street, 8th Floor
`Wilmington, DE 19801
`(302) 984-6300
`dsilver@mccarter.com
`ajoyce@mccarter.com
`
`
`
`
`Counsel for Defendant Ginkgo Bioworks, Inc.
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`
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`
`
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`
`
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`IT IS SO ORDERED, this _______ day of _________________, 2024.
`
`
`
`__________________________________
`WILLIAM C. BRYSON
`UNITED STATES CIRCUIT JUDGE
`
`3
`
`
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