Case 1:04-cv-OO174-JJF Document 128-2 Filed O3/15/2006 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BENITEC AUSTRALIA LTD., :
Plaintiff, ;
v. ; Civil Action No. 04-0174 JJF
NUCLEONICS, INC., ;
Defendant. E
O R D E R
At Wilmington, this 29th day of September 2005, for the reasons
set forth in the Memorandum Opinion issued this date,
IT IS HEREBY ORDERED that:
1. The Motion For Voluntary Dismissal Without Prejudice (D.I.
108) filed by Plaintiff, Benitec Australia, Ltd. is GRANTED.
2. Defendant Nucleonies, Inc.'s Unopposed Motion And
Supporting Memorandum To File A Surreply In Opposition To Plaintiff’s
Motion For Voluntary Dismissal Without Prejudice (D.I. 117) is
GRANTED.
3, The Surreply attached as Exhibit 1 to the Unopposed Motion
And Supporting Memorandum To File A Surreply In Opposition To U
Plaintiff's Motion For Voluntary Dismissal Without Prejudice (D.I.
117) is deemed filed.
%ETE§ STATE DISTRICT •
Case 1:04-cv-00174-JJF
Document 128-2
Filed 03/15/2006
Page 1 of 1