NetList Inc (NLST)

[Jetmek_03052]

Case 2:22-cv-00294-JRG Document 112 Filed 04/24/24

https://storage.courtlistener.com/recap/gov.uscourts.txed.216365/gov.uscourts.txed.216365.112.0.pdf

Further, in light of Dr. Stone’s family emergency (as addressed in the declarations filed under seal herein), the Court directed Micron to either arrange for Dr. Stone to be present and testify in person during the May 20, 2024 trial setting or, if he elects to withdraw from Micron’s trial team, Micron is to secure a replacement expert with sufficient qualifications who will wholly adopt each of Dr. Stone’s reports and opinions who will testify in person during the May 20, 2024 trial setting by “stepping into the shoes” of Dr. Stone.

The Court made it clear during the telephonic hearing on April 23, 2024, that in no event would the Court allow the retention by Micron of a new technical expert who would not wholly adopt and be limited to Dr. Stone’s opinions and reports. Said another way, the Court made it clear that Micron would not be allowed to conduct new technical testing and analysis via a replacement expert for Dr. Stone. The costs, delays, and related negative ramifications of such will not be accepted by the Court. In sum, Micron will proceed with Dr. Stone as a live witness, or it will replace Dr. Stone with another expert who will wholly adopt—and be limited to—Dr. Stone’s opinions and reports; and it must do one or the other in time to go forward with trial on May 20, 2024.