`
`United States Court of Appeals
`
`
`LYLE W. CAYCE
`CLERK
`
`
`
`
`
`
`FIFTH CIRCUIT
`OFFICE OF THE CLERK
`
` REVISED
`April 25, 2023
`
`
`
`TEL. 504-310-7700
`600 S. MAESTRI PLACE,
`Suite 115
`NEW ORLEANS, LA 70130
`
`
`
`
`Mr. Michael Egge
`Latham & Watkins, L.L.P.
`555 11th Street, N.W.
`Suite 1000
`Washington, DC 20004
`
`
`Ms. Sharonmoyee Goswami
`Cravath, Swaine & Moore, L.L.P.
`825 8th Avenue
`World Wide Plaza
`New York, NY 10019
`
`
`Mr. David Johnson
`Latham & Watkins, L.L.P.
`555 11th Street, N.W.
`Suite 1000
`Washington, DC 20004-1304
`
`
`Mr. David Marriott
`Cravath, Swaine & Moore, L.L.P.
`825 8th Avenue
`World Wide Plaza
`New York, NY 10019
`
`
`Mr. Alfred Carroll Pfeiffer Jr.
`Latham & Watkins, L.L.P.
`505 Montgomery Street
`Suite 2000
`San Francisco, CA 94111
`
`
`Ms. Anna M. Rathbun
`Latham & Watkins, L.L.P.
`555 11th Street, N.W.
`Suite 1000
`Washington, DC 20004-1304
`
`
`Ms. Marguerite M. Sullivan
`Latham & Watkins, L.L.P.
`555 11th Street, N.W.
`Suite 1000
`
`
`
`Case: 23-60167 Document: 65 Page: 2 Date Filed: 04/25/2023
`
`Washington, DC 20004
`
`
`Ms. Christine Varney
`Cravath, Swaine & Moore, L.L.P.
`825 8th Avenue
`World Wide Plaza
`New York, NY 10019
`
`
`Mr. Jesse Weiss
`Cravath, Swaine & Moore, L.L.P.
`825 8th Avenue
`World Wide Plaza
`New York, NY 10019
`
`
`Mr. Michael J. Zaken
`Cravath, Swaine & Moore, L.L.P.
`825 8th Avenue
`World Wide Plaza
`New York, NY 10019
`
`
`
`
`
`
`
`Dear Mr. Egge, Ms. Goswami, Mr. Johnson, Mr. Marriott, Mr.
`Pfeiffer, Ms. Rathbun, Ms. Sullivan, Ms. Varney, Mr. Weiss, and
`Mr. Zaken,
`
`Please see the revised expedited briefing schedule.
`
`In light of the court order of April 18, 2023, granting the motion
`to expedite the above captioned appeal, please adhere to the
`following expedited briefing schedule.
`
`
`No. 23-60167
`
`
`
`
`
`
`Illumina v. FTC
`Agency No. 9401
`
`• Petitioners brief is due on 06/05/2023
`• Respondent brief is due on 06/26/2023
`• Petitioners reply brief is due on 07/11/2023
`
`
`
`Brief Template: The clerk’s office offers brief templates and the
`ability to check the brief for potential deficiencies prior to
`docketing to assist in the preparation of the brief. To access
`these options, log in to CM/ECF and from the Utilities menu, select
`‘Brief Template’ (Counsel Only) or ‘PDF Check Document’.
`
`Reminder as to Sealing Documents on Appeal: Our court has a strong
`presumption of public access to our court’s records, and the court
`scrutinizes any request by a party to seal pleadings, record
`excerpts, or other documents on our court docket. Counsel moving
`to seal matters must explain in particularity the necessity for
`sealing in our court. Counsel do not satisfy this burden by simply
`stating that the originating court sealed the matter, as the
`circumstances that justified sealing in the originating court may
`have changed or may not apply in an appellate proceeding. It is
`
`
`
`Case: 23-60167 Document: 65 Page: 3 Date Filed: 04/25/2023
`
`the obligation of counsel to justify a request to file under seal,
`just as it is their obligation to notify the court whenever sealing
`is no longer necessary. An unopposed motion to seal does not
`obviate a counsel’s obligation to justify the motion to seal.
`
`
`
` Sincerely,
`
` LYLE W. CAYCE, Clerk
`
`
`
`
`
`
`
`
` By: _________________________
` Majella A. Sutton, Deputy Clerk
` 504-310-7680
`
`Enclosure(s)
`
`cc w/encl:
`
`Mr. Matthew Michael Hoffman
`
`
`
`
`
`
`
`Case: 23-60167 Document: 65 Page: 4 Date Filed: 04/25/2023
`
` Case No. 23-60167
`
`
`
`
`
`
`Illumina, Incorporated; GRAIL, Incorporated, now known as GRAIL,
`L.L.C.,
`
` Petitioners
`
`v.
`
`Federal Trade Commission,
`
` Respondent
`
`
`

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