Opinion
Civ. No. 03-526-SLR, Civ. No. 03-527-SLR, Civ. No. 03-528-SLR, Civ. No. 03-530-SLR
May 5, 2004
MEMORANDUM ORDER
At Wilmington this 5th day of May, 2004, having reviewed various pending motions and the papers submitted in connection therewith;
IT IS ORDERED that:
1. Holding company discovery. Consistent with the court's general practice to preclude the filing of summary judgment motions until the conclusion of discovery, the court is not convinced that the record at bar is sufficiently developed to allow a full and fair resolution of the holding company issues on a motion practice. Therefore, discovery shall proceed on all issues and the holding company defendants may not file motions for summary judgment until the scheduled deadline for doing so.
2. Plaintiff's motions for extend the deadline for joinder and amendment of the pleadings (Civ. No. 03-526-SLR, D.I. 63; Civ. No. 03-527-SLR, D.I. 56; Civ. No. 03-528-SLR, D.I. 65; Civ. No. 03-530-SLR, D.I. 75) are granted, given the curtailed discovery conducted to date.
3. Plaintiff's motions to amend (Civ. No. 03-526-SLR, D.I. 64; Civ. No. 03-528-SLR, D.I. 66; Civ. No. 03-530-SLR, D.I. 74) are granted, consistent with the above ruling.
4. Defendants' motion to dismiss under 35 U.S.C. § 271(g) (Civ. No. 03-530-SLR, D.I. 72) is granted, consistent with the court's February 24, 2004 memorandum order.
5. Plaintiff's motions for reargument of the court's February 24, 2004 memorandum order or, in the alternative, for entry of judgment pursuant to Fed.R.Civ.P. 54(b) or certification under 28 U.S.C. § 1292(b) (Civ. No. 03-526-SLR, D.I. 62; Civ. No. 03-527-SLR, D.I. 54; Civ. No. 03-528-SLR, D.I. 64) are denied.