Case 2:23-cv-01997-MCA-JSA Document 143 Filed 10/08/24 Page 1 of 2 PageID:
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`Ironside Newark
` 110 Edison Place, Suite 302
`Newark, New Jersey 07102
` Tel: 973.690.5400 Fax: 973.466.2761
`www.rwmlegal.com
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`October 8, 2024
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`VIA ECF
`Hon. Madeline Cox Arleo
`Hon. Jessica S. Allen, U.S.M.J.
`United States District Court
`MLK Jr. Federal Bldg. and U.S. Courthouse
`50 Walnut Street
`Newark, NJ 07102
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`Zirvi v. Illumina, Inc., et al.
`Re:
`2:23-cv-1997-MCA-JSA
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`Dear Judges Arleo and Allen:
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`My firm, along with Sidley Austin, represents Defendant Illumina, Inc. in the above-
`captioned matter.
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`I am writing concerning the settlement that was reached during the settlement conference
`on July 31, 2024. At that conference, the parties (Plaintiff and Settling Defendants which
`excludes Akin Gump) agreed on settlement terms, and the Court “placed the material terms of
`the settlement on the record.” See ECF No. 137. When the Court was reading the material terms
`into the record, Plaintiff’s counsel stated that “the parties have also agreed that they’re going to
`have a more formalized agreement reflecting the material terms that will be signed by all the
`parties.” ECF No. 138. The Court then suggested that the parties take 60 days to “memorialize
`the material terms” in a written agreement, and Plaintiff’s counsel responded “Sounds good.” Id.
`The Court asked each party to confirm its agreement to the terms read by the Court, and they all
`confirmed.
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`Illumina has diligently sought to pursue Plaintiff’s compliance with the parties’
`agreement to memorialize their settlement in a formal written agreement. Illumina notified
`Plaintiff’s counsel on August 2, 2024, that the Settling Defendants would prepare the written
`agreement. On September 17, 2024, Illumina sent the draft and noted that 60 days from the date
`of the settlement conference was September 30, 2024. Plaintiff and Plaintiff’s counsel did not
`respond. Illumina sent another email on September 24, 2024 asking about the status, and
`Plaintiff did not respond to that either. Illumina also tried to reach both Mr. Garrity and Mr.
`Soliman by phone before September 30. No phone call was answered or returned. On
`September 30, 2024, Illumina filed a letter notifying the Court about Plaintiff’s failures to
`respond but stating that Illumina was willing to give Plaintiff one more week to finalize and
`execute the long-form written agreement. On October 4, Illumina sent Plaintiff’s counsel yet
`another letter offering one more chance. Illumina received no response to either letter.
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`Case 2:23-cv-01997-MCA-JSA Document 143 Filed 10/08/24 Page 2 of 2 PageID:
`3854
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`October 8, 2024
`Page 2
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`Plaintiff has failed to comply with the settlement terms that were entered into on July 31,
`2024. Plaintiff’s own lawyers told the Court that “the parties have also agreed that they’re going
`to have a more formalized agreement reflecting the material terms that will be signed by all the
`parties.” ECF No. 138. That “agree[ment]” was thus a term of the settlement agreement that the
`parties entered on July 31, 2024—and it was made explicit by the Plaintiff himself. Now, just a
`few months later, Plaintiff has breached that term by ignoring every attempt to “have a more
`formalized agreement reflecting the material terms that will be signed by all the parties.” The
`July 31 settlement agreement provides for the consequences of such a breach: the non-breaching
`party “shall be awarded reasonable attorneys’ fees and costs in addition to $200,000 in liquidated
`damages.” ECF No. 138.
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`While Illumina prefers to receive an executed written settlement agreement, Plaintiff’s
`complete refusal to even respond has left Illumina with no other option. Illumina therefore
`respectfully requests that the Court reopen the case for the limited purpose of adjudicating
`Plaintiff’s breach of the settlement terms. To be clear, Illumina’s position is that the Settling
`Defendants and Plaintiff entered into a binding and enforceable settlement terms on July 31,
`2024. Plaintiff, however, has breached that agreement. As Plaintiff agreed on the record, such a
`breach entitles Illumina to attorneys’ fees, costs, and $200,000 in liquidated damages.
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`We thank Your Honor for your attention to this matter and are available to discuss this
`request at the Court’s convenience.
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`cc: All counsel of record (via ECF)
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`Respectfully,
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`s/ Keith J. Miller
` Keith J. Miller
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