Free Order on Motion to Dismiss - District Court of Delaware - Delaware

Case 1:04-cv—O1300—SLR Document 28 Filed O9/26/2005 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ETHYPHARM S.A. FRANCE and )
ETHYPHARM S.A. SPAIN, )
Plaintiffs, g
v. g Civ. N0. 04-1300-SLR
BENTLEY PHARMACEUTICALS, INC.,g
Defendant. g
O R D E R
At Wilmington this 26th day of September, 2005, consistent
with the memorandum opinion issued this same date;
IT IS ORDERED THAT:
I. Defendant’s motion to dismiss for failure to join a party
(D.I. 9) is denied without prejudice to renew after discovery is
completed.
2. Defendant's motion to dismiss counts one and three (D.I.
9) is granted.
3. Defendant's motion to dismiss count four (D.I. 9) is
denied.