`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`
`
`
`C.A. No. 22-252-MSG
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`ARBUTUS BIOPHARMA CORPORATION
`and GENEVANT SCIENCES GMBH,
`
`
`
`
`
`MODERNA, INC. and MODERNATX, INC.
`
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`v.
`
`
`
`Defendants.
`
`
`STIPULATION AND ORDER TO EXTEND TIME
`
`WHEREAS, the Court previously granted the parties’ Stipulation and Order to Extend
`
`Time, which extended the deadline for the substantial completion of document production from
`
`October 13, 2023 to December 1, 2023. D.I. 144; and
`
`WHEREAS, the parties continue to meet and confer in good faith regarding the scope and
`
`timing of document collection and production, including electronically stored information (“ESI”)
`
`and search terms related thereto, and require additional time to collect, review, and produce
`
`documents;
`
`IT IS HEREBY STIPULATED AND AGREED by the parties, subject to the approval of
`
`the Court, that the deadline for the Substantial Completion of Document Production shall be
`
`extended from December 1, 2023 to December 22, 2023, and the deadline to file Motions to Join
`
`other Parties and to Amend or Supplement Pleadings be extended from December 4, 2023 to
`
`January 5, 2024.
`
`
`
`Case 1:22-cv-00252-MSG Document 158 Filed 12/06/23 Page 2 of 2 PageID #: 1969
`
`No other deadlines set forth in the Scheduling Order (D.I. 72) are altered by way of this
`
`Stipulation.1,2
`
`SHAW KELLER LLP
`
`/s/ Nathan R. Hoeschen
`_____________________________________
`John W. Shaw (#3362)
`Karen E. Keller (#4489)
`Nathan R. Hoeschen (#6232)
`Emily S. DiBenedetto (#6779)
`I.M. Pei Building
`1105 North Market Street, 12th Floor
`Wilmington, DE 19801
`(302) 298-0700
`jshaw@shawkeller.com
`kkeller@shawkeller.com
`nhoeschen@shawkeller.com
`edibenedetto@shawkeller.com
`
`Attorney for Plaintiffs
`
`
`
`
`
`
`
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`/s/ Travis J. Murray
`
`
`
`
`Jack B. Blumenfeld (#1014)
`Brian P. Egan (#6227)
`Travis J. Murray (#6882)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@morrisnichols.com
`began@morrisnichols.com
`tmurray@morrisnichols.com
`
`Attorneys for Defendants
`
`
`SO ORDERED this ___ day of _____________ 2023.
`
`
`
`
`
`UNITED STATES DISTRICT JUDGE
`
`
`1 Although this Stipulation is limited to the deadline for substantial completion of document
`production, it is Defendants’ position that an extension to the overall case schedule is likely
`necessary, particularly in view of the large volume of ESI the parties anticipate reviewing and
`producing, which, under the currently negotiated search terms, hits on hundreds of thousands of
`documents for potential production. The parties could not agree to an extended schedule beyond
`the substantial completion of document production and amendment of pleadings deadlines,
`however, and thus Defendants reserve all rights to seek an extension to the remaining case
`deadlines once document production is substantially complete and they can better assess the
`remaining discovery needs for this complex litigation.
`2 Plaintiffs do not agree with Defendants’ position that further schedule extensions are warranted
`based on the current status of document discovery. Defendants reference the volume of ESI the
`parties are reviewing as the basis for further extensions, but the parties have had months to review
`documents for production under an existing schedule that accommodates this volume of ESI. Any
`further extensions of the schedule after substantial completion can be considered by the parties at
`that time.
`
`2
`
`6th
`
`December
`
`/s/ Mitchell S. Goldberg
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
