`THREE GATEWAY CENTER
`100 Mulberry Street, 15th Floor
`Newark, NJ 07102
`T: 973.757.1100
`F: 973.757.1090
`WALSH.LAW
`
`
`
`Marc D. Haefner
`Direct Dial: (973) 757-1013
`mhaefner@walsh.law
`
`July 15, 2024
`
`VIA ECF
`Honorable Jessica S. Allen, U.S.M.J.
`U.S. District Court for the District of New Jersey
`Martin Luther King Jr. Building & U.S. Courthouse
`50 Walnut Street
`Newark, New Jersey 07102
`
`Re: Monib Zirvi, M.D., Ph.D. v. Illumina, Inc. et al.
`Civil Action No.: 2:23-cv-1997 (MCA/JSA)
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`
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`Dear Judge Allen:
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`This firm, along with Shapiro Arato Bach LLP, represents Defendants Thermo Fisher
`Scientific, Rip Finst, and Sean Boyle (collectively “Thermo Fisher”) in the above-referenced
`matter.
`
` We write briefly in reply to Plaintiff Zirvi’s letter of earlier today, which insists that individual
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`defendants Rip Finst and Sean Boyle be required to travel across the country to appear in-person
`for a settlement conference in a case in which all charges have already been dismissed, including
`charges premised on the absurd notion that these Thermo Fisher in-house counsel formerly
`represented Mr. Zirvi, even though he was not a Thermo Fisher employee and never retained
`them.
`
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`This Court, with Plaintiff Zirvi’s consent, has already permitted other similarly situated
`defendants to participate in the upcoming conference by phone, while a representative appears
`on their behalf in person. (Dkt. Entry 129). Mr. Finst and Mr. Boyle are no different. Their
`physical presence can add limited if any value because their defense is being fully presented and
`indemnified by Thermo Fisher, which will have an in-person representative present. The
`convenience of individual defendants is often taken into consideration when determining whether
`they should appear at settlement conferences in person. Indeed, common sense dictates that
`forcing individual defendants (especially those that are being indemnified and thus have no true
`personal liability in the matter) to travel across the country for the sake of their alleged “firsthand
`perspectives and immediate decision-making capabilities” has a greater likelihood of alienating
`these defendants (and their indemnifying corporate employer) than of providing any real benefit.
`Simply, Mr. Finst and Mr. Boyle, having already been dismissed from this case, may well wonder
`to what use Dr. Zirvi hopes to put their putative “substantial knowledge.” These two busy
`attorneys, one of whom no longer works for Thermo Fisher (Boyle), should be permitted to attend
`remotely.
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`Case 2:23-cv-01997-MCA-JSA Document 134 Filed 07/15/24 Page 2 of 2 PageID: 3817
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`Honorable Jessica S. Allen, U.S.M.J.
`July 15, 2024
`Page 2
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`As always, we thank the Court for its attention to this matter and we are available should
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`the Court have any questions.
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`Respectfully submitted,
`
`s/Marc D. Haefner
`
`Marc D. Haefner
`
`All Counsel of Record (via ECF)
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`
`cc:
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