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

Case 1 :04-cv-01285-GIVIS Document 96 Filed 10/21 /2005 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ENZON PHARMACEUTICALS, INC., )
)
Plaintiff, )
)
v. ) C.A. No. 04-1285 (GMS)
)
PHOENIX PHARMACOLOGICS, INC., )
)
Defendant. )
ORDER
WHEREAS the parties have made a total of three requests for leave to file motions for
summaryjudgment (D.I. 79, 80, 81);
WHEREAS the court has considered the parties’ respective arguments and determined that
each motion, if allowed, would require the court to resolve disputed issues of material fact;
WHEREAS the court will deny all three requests and cancel the teleconference scheduled
for Monday, October 24, 2005, at 10:00 a.m.;
WHEREAS the court has also considered the parties’ arguments regarding the P1aintiff’s
outstanding motion to strike (D.I. 43), and determined that the Defenda.nt’s pleadings are sufficient
and that disputed issues of material fact exist as to each affirmative defense; and
WHEREAS to the extent the Plaintiff requests leave to file a motion for summary j udgment
as to the Defendant’s affirmative defenses, the court will deny such request.
IT IS HEREBY ORDERED THAT: 1
1. All requests for leave to file motions for summary judgment be DENIED;
2. The Defendant’s motion to strike (D.I. 43) be DENIED; and
3. The teleconference scheduled for Monday, October 24, 2005, at 10:00 a.m. be REMOVED
from the court’s calendar.
Dated: October [ , 2 6 F I L E D
TED S ATE DIST CT IUDGE
OCT 2 1 2005
u.s. DISTRICT COURT
msrmcr OF ¤ELAwARE