Free Motion for Leave to File - District Court of Delaware - Delaware

i Case 1:06-cv—00002-G|\/IS Document 10 Filed 02/14/2006 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
AN GIODYNAMICS, INC., g X
Plaintiff, I
) Civil Action No. 06-002 (GMS)
v. g
DIOMED HOLDINGS, INC., )
Defendant. g
)
ANGIODYNAMICS, INC.’S MOTION FOR LEAVE TO AMEND
ANGIODYNAMICS, INC.’S FIRST AMENDED COMPLAINT
Please take notice that upon the annexed memorandum of law entitled;
AngioDynamics, Inc.'s Answer to Diomed Holdings, Inc.'s Motion to Dismiss And
AngioDynamics, Inc.'s Brief in Support of AngioDynamics, Inc.’s Motion for Leave to
Amend AngioDynamics, Inc.’s First Amended Complaint, the accompanying exhibits to
said memorandum of law, and upon all the pleadings and proceedings had herein,
plaintiff, AngioDynamics, Inc., by and through its undersigned cotmsel, hereby
respectfully moves this Court, pursuant to Rule 15 of the Federal Rules of Civil
Procedure for an order, in a form substantially similar to the attached Proposed Order,
granting plaintiff leave to file and serve the Second Amended Complaint annexed hereto
as Exhibit A. A blacklined version of the Second Amended Complaint compared to the
First Amended Complaint is also annexed hereto as Exhibit B.

Case 1 :06-cv—00002-GIVIS Document 10 Filed 02/14/2006 Page 2 of 3
Dated: February 14, 2006 Respectfully submitted,
REED SMITH LLP k
J ~

J•,¤»=’€7 (D LD. No. 4017)
R ~ . ‘ LLP
9 ket Street, Suite 1500
jilmington, DE 19801
Telephone: 302.778.7500
Facsimile: 302.778.7557
OF COUNSEL:
Arthur Dresner
Reed Smith LLP
599 Lexington Avenue
New York, NY 10022
Telephone: 212.521 .5400 ‘
Facsimile: 212.521.5450
Counsel for the Plaintiff
Angiodynamics, Inc.
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Case 1 :06-cv—00002-GIVIS Document 10 Filed 02/14/2006 Page 3 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
)
ANGIODYNAMICS, INC., )
)
Plaintiff, )
) Civil Action No. 06-002 (GMS)
v. g
DIOMED HOLDINGS, INC., )
)
Defendant. )
)
PROPOSED ORDER .
This day of 2006, the court, having considered
ANGIODYNAMICS, INC.’S MOTION FOR LEAVE TO AMEND ANGIODYNAMICS,
INC.’S FIRST AMENDED COMPLAINT:
IT IS HEREBY ORDERED that AngioDynamics, Inc.’s Motion is granted, and
AngioDynamics, Inc. is hereby granted leave to tile and serve its Second Amended Complaint.
The Honorable Gregory M. Sleet
United States District Judge
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