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  • Writer's pictureShelly Albaum

New Trial Date in California: Sep 2021

Judge Carney set the California matter for a jury trial on September 21, 2021.

With COVID spiking in Orange County, it's highly unlikely that a trial would occur in the next several months, so ten months from now is probably about as good as we could do and still feel confident that the date would not be postponed. This is our seventh trial date, and it would be really great if it would stick.

Strangely, the trial in Delaware is scheduled for just one week after that, September 27, 2021.

Meanwhile, Judge Liman in New York has directed the parties to be ready for trial on 48 hours notice starting August 9, 2021.

Could all three trial occur almost simultaneously over the two month period in the late summer of 2021, 8-10 months from now?

In theory, yes. ChromaDex has three different law firms -- Cooley in California, LTL in New York, and Covington & Burling in Delaware. Elysium also has three firms, too, -- Kaplan Hecker, Frankfurt Kurnit, and Foley Hoag -- but Kaplan Hecker seems to be fairly deeply involved in both California and New York.

Worse, you would expect some of the same executives at both ChromaDex and Elysium might be testifying at all three trials. So it's easy to imagine the parties trying to get a little space between them. Or maybe not. ChromaDex will obviously be loathe to give up any of its hard-won trial dates.

We'll see. At least on paper, all three trials will be done a year from now.

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