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d09401_-_602812_-_complaint_counsel_s_memorandum_in_opposition_to_respondent_motion_for_leave_to_substitute_a_replacement_expert_witness_for_dr._robert_willig_-_public.pdf

Here are the key points summarized:

Request to Retain New Expert Witness: The plaintiff, Illumina, Inc., is requesting permission to retain a new expert witness in lieu of Warren Keegan, who was diagnosed with cancer and is no longer able to provide testimony.

Reasons for Request: The reasons for this request include (1) extraordinary circumstances beyond the plaintiff's control, (2) fairness and good cause shown, and (3) the need to ensure that the expert witness is not affected by ongoing chemotherapy or other health issues that may impact their ability to testify.

Arguments Against Opponent's Objections: The plaintiff argues against the opponent's objections, including:

  1. Expertise of Mark Keegan: The plaintiff disputes the opponent's claims that Mark Keegan lacks the expertise and qualifications to serve as an expert witness.
  2. Cancer Diagnosis Timing: The plaintiff notes that Warren Keegan was diagnosed with cancer in January 2014, and it is unclear whether his illness affected the preparation of the report or whether he is still able to provide testimony.

Conclusion: The plaintiff respectfully requests that their motion be granted, allowing them to retain a new expert witness.

Published: 2021-10-05 · Source: FTC

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