Opinion
No. 05 Civ. 2193 (LTS) (DFE).
June 13, 2005
MEMORANDUM AND ORDER
1. I reviewed Dr. Pieczenik's Amended Complaint dated June 1, 2005, and Mr. Wolowitz's letter dated June 8, and Dr. Pieczenik's letter dated June 9.
2. On June 13, 2005, I held a telephone conference with Dr. Pieczenik, Mr. Wolowitz, Mr. Dembe (attorney for Frederick Beaver), and Mr. Trainor. (Mr. Trainor's law firm has not appeared for Henry McKinnell, but it represents Pfizer, Inc. in 04 Civ. 4558 (LAK) (RLE), so I invited him to participate in the telephone conference.)
3. I stated that I believed that 05 Civ. 2193 (LTS) (DFE) should be stayed pending the outcome of (a) 04 Civ. 4558, which will address the question of whether Pfizer, Inc. has infringed Dr. Pieczenik's patents, and (b) Dr. Pieczenik's upcoming appeal in the Superior Court of New Jersey, Appellate Division, which will address the correctness of the Final Administrative Decision signed by Mr. Beaver. Dr. Pieczenik expressed a willingness to sign a stipulation to that effect. I directed Mr. Wolowitz to draft such a stipulation as soon as possible, and I said that I am giving the parties until June 20, 2005 to submit such a stipulation to me.
4. I set deadlines of (a) June 30, 2005 for service of any Rule 11 motion addressed to the Amended Complaint, and (b) August 11, 2005 for service and filing of any other motion or answer addressed to the Amended Complaint. Of course, these deadlines will be stayed if I receive a stipulation agreeing that 05 Civ. 2193 is stayed.