Elan Corporation v. Andrx Pharmaceutical

Filing 36

ORDER denying 32 First MOTION to Continue Stay Post Decision filed by Andrx Pharmaceuticals, Inc. and Setting Trial. Fact Discovery due by 12/19/2008, Bench Trial set for 4/27/2009 in Miami Division before Judge Adalberto Jordan, Calendar Call set for 4/21/2009 09:00 AM in Miami Division before Judge Adalberto Jordan. Pretrial Stipulation due by 4/10/2009. Signed by Judge Adalberto Jordan on 10/1/08. (tp)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 05-60158-CIV-JORDAN ELAN CORPORATION, PLC ) ) Plaintiff ) vs. ) ) ANDRX PHARMACEUTICALS, INC. ) Defendant ) ____________________________________ ) OR D ER DENYING MOTION TO CONTINUE STAY AND SETTING TRIAL Andrx Pharmaceuticals' motion to continue the stay [D.E. 32] is DENIED. I agree with Elan that continuing the stay in this action would lead to piecemeal appeals and would unnecessarily delay these proceedings. Accordingly, the stay of this action is hereby lifted. This case is set for a bench trial on damages during the Court's two-week trial calendar beginning on April 27, 2009. Calendar call will be held at 9:00 a.m. on April 21, 2009. No pre-trial conference will be held unless a party requests one no later than 30 days prior to the calendar call or the Court determines that one is necessary. The parties shall adhere to this schedule: December 19, 2008 January 16, 2009 All fact discovery is completed. Parties exchange expert witness summaries and reports required by Local Rule 16.1.K. Parties exchange rebuttal expert witness summaries and reports required by Local Rule 16.1.K. All expert discovery is completed. Parties to submit joint pre-trial stipulation.

February 16, 2009

April 3, 2009 April 10, 2009
DONE

and ORDERED in chambers in Miami, Florida, this 1st day of October, 2008. _______________________ Adalberto Jordan United States District Judge

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All counsel of record