Free Order - District Court of Delaware - Delaware

Case 1:07—cv—0O286-JJF Document 61 Filed 04/23/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IOVATE HEALTH SCIENCES, U.S.A., ;
INC., IOVATE HEALTH SCIENCES :
INTERNATIONAL, INC., IOVATE T &P, :
INC., FLAMMA SpA, and :
USE TECHNO CORPORATION, :
Plaintiffs, :
v. : Civil Action No. 07—286—JJF
WELLNX LIFE SCIENCES INC. :
(d/b/a NV imc.), NxcARE 1Nc., ;
NXLABS INC., SLIMQUICK :
LABORATORIES, BIOGENETIX, DEREK :
WOODGATE, and BRADLEY WOODGATE, :
Defendants. :
ORDER
WHEREAS, Plaintiffs Iovate Heath Sciences U.S.A., Inc. and
Iovate T&P, Inc. (collectively “Iovate") filed this action on May
24, 2008 against Defendants WellNx Life Sciences Inc., NxCare,
Inc., NxLabs, Inc., Slimquick Laboratories, Biogenetix, Derek
Woodgate and Bradley Woodgate (D.I.I);
WHEREAS, on July I6, 2007, Defendants Derek Woodgate and
Bradley Woodgate filed a Motion to Dismiss for Lack of
Jurisdiction Over the Person (D.I. I3);
WHEREAS, the Court has allowed the parties leave to conduct
jurisdictional discovery;
WHEREAS, a substantial amount of confusion regarding the
starting date for jurisdictional discovery has resulted;
WHEREAS, on February I, 2008, the Court entered an Order
(D.I. 44) setting a deadline of February I6, 2008 for the

Case 1 :O7—cv—OO286-JJF Document 61 Filed 04/23/2008 Page 2 of 3
completion of jurisdictional discovery;
WHEREAS, the Court granted Plaintiffs request for an
extension of time beyond February 16, 2008 in which to conduct
jurisdictional discovery by Order dated February 28, 2008 (D.l.
13);
WHEREAS, the Court’s February 28, 2008 Order indicated that
supplemental briefing regarding Defendants’ Motion to Dismiss
should be submitted within ten days of the depositions of the
individual defendants, but did not set a date for the submission
of supplemental briefing regarding Defendants Motion to Dismiss
(12.1. 50) ;
WHEREAS, the Court set a supplemental briefing schedule by
Order dated March 25, 2008 (D.I. 56);
WHEREAS, on April 4, 2008, Plaintiffs filed a Motion for
Reconsideration of the Court’s March 25, 2008 Order (D.I. 57);
WHEREAS, by letter dated February 15, 2008, Plaintiff
indicated its intention to conduct the depositions of the
individual defendants “in the course of general fact discovery;"
WHEREAS, pursuant to the Court’s Scheduling Order entered
October 2, 2007, fact discovery should completed by July 25,
2008;
WHEREAS, Defendants’ Motion to Dismiss (D.I. 13) has been
pending for over eight months, and the parties anticipate that
briefing on this Motion will not be completed until after fact
discovery closes on July 25, 2008;

Case 1 :O7—cv—00286-JJF Document 61 Filed 04/23/2008 Page 3 of 3
NOW THEREFORE IT IS HEREBY ORDERED;
1. Pursuant to the Court’s Order dated February 28, 2008,
the Court will vacate its Order dated March 25, 2008
(D.I. 56), and terminate Plaintiffs’ Motion for
Reconsideration (D.I. 57) as moot.
2. For administration purposes, Defendants’ Motion to
Dismiss for Lack of Jurisdiction Over the Person (D.I.
13) is DENIED with Leave to Renew following the
completion of jurisdictional discovery in this action.
April 2008 %d /-Q/6X
D S TE DISTRICT JUD