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

Case 1:04-cv-00174-JJF Document 119 Filed O9/14/2005 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BENITEC AUSTRALIA, LTD., :
Plaintiff, Z
v. E Civil Action No. 04-174 JJF
NUCLEONICS, INC., ;
Defendant. ;
O R D E R
WHEREAS, Defendant Nucleonics, Inc. (“Nucleonics”)
filed a Motion For Leave To File An Amended Complaint (D.I. 91);
WHEREAS, Although Nucleonics must obtain leave of the
Court in order to amend its pleadings, that leave “shall be
freely given when justice so requires.” Fed. R. Civ. P. 15(a);
WHEREAS, The Court finds that Nucleonics’ proposed
defenses and counterclaims are not futile, and that granting
leave to amend in this instance would not cause Benitec undue
prejudice;
NOW THEREFORE, IT IS HEREBY ORDERED that the Motion For
Leave To File An Amended Complaint (D.I. 9l) is GRANTED.
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DATE S A'I"E§ DISTRICTM F GE

Case 1:04-cv-00174-JJF

Document 119

Filed 09/14/2005

Page 1 of 1