Genetic Technologies Limited v. Agilent Technologies, Inc. et al

Filing 149

MINUTE ORDER Denying as moot 132 Motion for Leave; granting 147 Motion for Leave to Amend the Complaint. Defendants shall answer or otherwise respond to the Amended Complaint on or before October 3, 2011. Scheduling Conference set for 11/1/2011 11:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 9/19/2011.(erv, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01389-WJM-KLM
GENETIC TECHNOLOGIES LIMITED, an Australian corporation,
Plaintiff,
v.
AGILENT TECHNOLOGIES, INC., a Delaware corporation,
BRISTOL-MYERS SQUIBB COMPANY, a Delaware corporation,
EUROFINS STA LABORATORIES, INC., a Colorado corporation,
GLAXOSMITHKLINE PLC, a British company,
HOLOGIC, INC., a Delaware corporation,
MERIAL L.L.C., a Delaware limited liability company,
NAVIGENICS, INC., a Delaware corporation,
NEOGEN CORPORATION, a Michigan corporation,
PFIZER INC., a Delaware corporation, and
454 LIFE SCIENCES CORPORATION, a Delaware corporation,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Unopposed Motion for Leave to File
First Amended Complaint [Docket No. 132; Filed September 16, 2011] (“Initial Motion”)
and Amended Unopposed Motion for Leave to File First Amended Complaint [Docket
No. 147; Filed September 16, 2011] (“Amended Motion”). Defendants do not oppose the
filing of an amended complaint, but make clear that they retain the right to challenge the
sufficiency of the amended complaint. Am. Motion, Docket No. 147 at 5-6. Accordingly,
IT IS HEREBY ORDERED that the Amended Motion [Docket No. 147] is GRANTED.
The Clerk of the Court shall accept Plaintiff’s Amended Complaint [Docket No. 147-1] for
filing as of the date of this Order. Defendants shall answer or otherwise respond to the
Amended Complaint on or before October 3, 2011.
IT IS FURTHER ORDERED that the Initial Motion [Docket No. 132] is DENIED AS
MOOT.
IT IS FURTHER ORDERED that the Rule 26(f) Scheduling Conference is set for
November 1, 2011, at 11:00 a.m. in Courtroom C-204, Second Floor, Byron G. Rogers

United States Courthouse, 1929 Stout Street, Denver, Colorado. Counsel for the parties
must appear in person or by telephone. Any attorney who wishes to appear by telephone
must file a motion seeking permission to do so no later than five (5) Court business days
before the Rule 26(f) conference. The proposed scheduling order shall be submitted on
the patent order form on or before October 27, 2011.
Dated: September 19, 2011