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  • Writer's pictureShelly Albaum

NY Conference Results

Updated: Aug 21, 2020

ChromaDex filed a letter motion in New York today requesting a two-month extension of all the deadlines. You can read it here:

ChromaDex made the request "in accordance with your honor's directive at" this morning's conference, so there is every reason to assume that ChromaDex's request will be granted.

What does it mean, besides that all the dates get pushed out, and trial looks like it's about a year out, maybe summer of 2021?

Well, we know that ChromaDex doesn't want to slow this action down -- they are in a hurry to get to trial. And so if ChromaDex IS slowing it down, it's because they have a good reason.

We also know that Judge Liman said "no further delays," and yet now he is himself apparently directing ChromaDex to request a delay.

Based on that, and in the context of the discovery dispute that prompted today's conference, it's a pretty safe bet that Judge Liman dislikes Elysium's discovery behavior enough so that it's worth slowing things up two months in order to enforce the discovery rules and get ChromaDex the documentation it is entitled to.

I would note this sentence from ChormaDex's original motion: "Given the October 11, 2020 deadline to complete fact discovery, Elysium’s response is inadequate and inappropriately seeks to shift the burden to ChromaDex." It would appear that Judge Liman agrees.

That's just speculation, because we were not at the meeting and we don't know what was said. But I can't think of any more likely explanation for why Judge Liman would have directed ChromaDex to request a calendar delay.

UPDATE AUGUST 21, 2020: For completeness, although it was never in doubt, ChromaDex's motion was granted by Judge Liman:

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