Opinion
2011-1446
10-11-2011
MBO LABORATORIES, INC., Plaintiff-Appellant, v. BECTON, DICKINSON & COMPANY, Defendant-Appellee.
NOTE: This order is nonprecedential.
Appeal from the United States District Court for the District of Massachusetts in case no. 03-CV-10038, Judge Richard G. Stearns.
ON MOTION
ORDER
Becton, Dickinson & Company moves without opposition for a 3-day extension of time, until October 14, 2011 to file its principal brief. Becton, Dickinson & Company moves for leave to file physical examples of the safety syringe products it asserts are at issue in the appeal. MBO Laboratories, Inc. consents, provided that it is also permitted to submit physical samples.
The movant does not state that the samples are physical exhibits that were first presented to the trial court or that the samples are part of the record on appeal. Thus, the court defers the motion concerning the samples to the merits panel.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion for an extension of time is granted.
(2) The motion for leave to file physical samples with the court is deferred for consideration by the merits panel assigned to hear this case. Copies of the motion and this order shall be transmitted to the merits panel.
FOR THE COURT
Jan Horbaly
Clerk
cc: John M. Skenyon, Esq.
Lisa Jon Pirozzolo, Esq.
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