Cornell University et al v. Illumina Inc.

Filing 165

ORDER ADOPTING REPORT AND RECOMMENDATION: granting 95 Motion to Dismiss; adopting 157 Report and Recommendation. Signed by Judge Leonard P. Stark on 6/29/12. (ntl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
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CORNELL UNIVERSITY, ET AL.,
Plaintiffs,
Civil Action No. 10-433-LPS-MPT

v.
ILLUMINA, INC.,
Defendant.
ORDE~

WHEREAS, Magistrate Judge Thynge issued! a Report and Recommendation (D.I. 157)
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dated May 23, 2012;
WHEREAS, the Report and Recommendation recommends that Plaintiffs' motion to
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dismiss pursuant to FED. R. CIV. P. 12(b)( 6) for failu.fe to state a claim upon which relief can be
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granted (D.I. 95) be GRANTED; and Defendant's re,uest to amend pursuant to FED. R. CIV. P.
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15(a) (D.I. 97) be DENIED.
WHEREAS, any Objections to the Report an~ Recommendation were to be filed by June
11, 2012;
WHEREAS, neither party has filed an Object~on to the Report and Recommendation;
WHEREAS, the Court concludes that the Re~ort and Recommendation should be
adopted for the reasons stated by Magistrate Judge ~ynge;
NOW THEREFORE, IT IS HEREBY ORDfED that the Report and Recommendation
(D.I. 157) is ADOPTED, and Plaintiffs' motion to dbmiss pursuant to FED. R. CIV. P. 12(b)(6)
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for failure to state a claim upon which relief can be ~anted (D.I. 95) is GRANTED; and
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Defendant's request to amend pursuant to FED. R. CIV. P. 15(a) (D.I. 97) is DENIED.

Dated: June::<.l2012

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