Visiting Judge Barker issued an interesting order last week on a request to move a hearing date.
Judge Barker was assigned to Merus N.V. v. Xencor, Inc., C.A. No. 24-913-JCB (D. Del) last spring and issued his usual procedural order requiring the parties to notify the Court if they consented to holding hearings and/or trial in E.D. Tex., where he normally sits.
The defendant agreed to hearings in Texas, but not trial, while the plaintiff did not agree to hold either there. Eventually a motion to dismiss was briefed and in January Judge Barker scheduled a hearing in Delaware for February 17.
About 10 days after the Court set the hearing, the defendant …
