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

Case 1:04-cv-00174-JJF Document 122 Filed O9/29/2005 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BENITEC AUSTRALIA LTD., :
Plaintiff, E
v. ; Civil Action N0. O4-0174 JJF
NUCLEONICS, INC., i
Defendant. ;
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 Nucleonics, 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 n
Plaintiff’s Motion For Voluntary Dismissal Without Prejudice (D.I.
117) is deemed filed.
TE; STAT DISTRICT JUD °

Case 1:04-cv-00174-JJF

Document 122

Filed 09/29/2005

Page 1 of 1