`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`TEVA PHARMACEUTICALS
`
`INTERNATIONAL GMBH and
`TEVA PHARMACEUTICALS USA, INC.,
`
`Plaintiffs,
`
`v.
`
`ELI LILLY AND COMPANY,
`
`Defendant.
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Case No. 1:18-cv-12029-ADB
`
`DEFENDANT ELI LILLY AND COMPANY’S ASSENTED-TOMOTION FOR LEAVE
`TO FILE A REPLY MEMORANDUM IN FURTHER SUPPORT OF ITS MOTION TO
`EXCLUDE DR. GEOFFREY HALE AS AN EXPERT AND PREVENT
`DISCLOSURE OF PROTECTED INFORMATION
`
`Pursuant to Local Rule 7.1(b)(3) and Paragraph 10 of the Stipulated Protective Order
`
`(ECF No. 58), Defendant Eli Lilly and Company (Lilly) respectfully moves for leave to file a
`
`reply memorandum not exceeding five (5) pages in further support of Lilly’s Motion to Exclude
`
`Dr. Geoffrey Hale as an Expert and Prevent Disclosure of Protected Information (“Lilly’s
`
`Motion”) (ECF No. 181). Lilly will be prepared to file such a reply on Monday, October 25,
`
`2021, or within one (1) day of any order by this Court granting leave, whichever is later.
`
`Plaintiffs filed an opposition to Lilly’s Motion on October 19, 2021 (ECF No. 190). In
`
`their opposition and accompanying declarations, Plaintiffs and Dr. Hale raise new facts and legal
`
`issues for the first time. A reply brief is necessary in order to correct inaccuracies raised in
`
`Plaintiffs’ opposition brief and to properly address Plaintiffs’ characterization of the cited case
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`law and arguments not discussed in Lilly’s opening brief. Lilly believes that such a reply will
`
`assist the Court in adjudicating Lilly’s Motion.
`
`
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`Case 1:18-cv-12029-ADB Document 195 Filed 10/20/21 Page 2 of 3
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`WHEREFORE, Lilly respectfully requests that the Court enter an order granting leave to
`
`file a five (5) page reply to Plaintiffs’ opposition on Monday, October 25, 2021, or within one (1)
`
`day of such an order, whichever is later.
`
`Dated: October 20, 2021
`
`
`
`William B. Raich
`Danielle A. Duszczyszyn
`Denise Main
`Pier D. DeRoo
`Daniel F. Roland
`Matthew Luneack
`Yoonjin Lee
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`William.Raich@finnegan.com
`Danielle.Duszczyszyn@finnegan.com
`Denise.Main@finnegan.com
`Pier.DeRoo@finnegan.com
`Daniel.Roland@finnegan.com
`Matthew.Luneack@finnegan.com
`Yoonjin.Lee@finnegan.com
`
`/s/ Andrea L. Martin
`Andrea L. Martin (BBO 666117)
`BURNS & LEVINSON LLP
`125 High Street
`Boston, MA 02110-1624
`(617) 345-3000
`amartin@burnslev.com
`
`Charles E. Lipsey
`Ryan O’Quinn
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`1875 Explorer Street
`Suite 800
`Reston, VA 20190-6023
`Charles.Lipsey@finnegan.com
`Oquinnr@finnegan.com
`
`Emily R. Gabranski (BBO 694417)
`Marta Garcia Daneshvar
`Lulu Wang (BBO 704042)
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`2 Seaport Lane
`Boston, MA 02210-2001
`Emily.Gabranski@finnegan.com
`Marta.Garcia@finnegan.com
`Lulu.Wang@finnegan.com
`
`Attorneys for Defendant Eli Lilly & Company
`
`2
`
`
`
`Case 1:18-cv-12029-ADB Document 195 Filed 10/20/21 Page 3 of 3
`
`LR 7.1(a)(2) CERTIFICATION
`
`I, Andrea L. Martin, hereby certify that Lilly’s counsel met and conferred with Plaintiffs’
`counsel regarding this motion by email on October 20, 2021; Plaintiffs’ counsel stated on
`October 20, 2021 that Plaintiffs assent to this motion.
`
`/s/Andrea L. Martin
`Andrea L. Martin, Esq.
`
`CERTIFICATE OF SERVICE
`
`I, Andrea L. Martin, hereby certify that this document filed through the ECF system will
`be sent electronically to the registered participants as identified on the Notice of Electronic Filing
`(NEF) and paper copies will be sent to those indicated as non-registered participants on October
`20, 2021.
`
`/s/Andrea L. Martin
`Andrea L. Martin, Esq.
`
`4879-3768-4224.1
`
`3
`
`
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