Boston Heart Diagnostics Corporation v. Health Diagnostics Laboratory, Inc.

Filing 48

Judge Indira Talwani: ORDER entered granting in part and denying in part 42 Motion to Reopen Case (MacDonald, Gail)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
BOSTON HEART DIAGNOSTICS
CORPORATION,
Plaintiff,
v.
HEALTH DIAGNOSTICS
LABORATORY, INC.,
Defendant.

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Civil Action No. 13-cv-13111-IT

ORDER
November 14, 2014
TALWANI, D.J.
Before the court is Plaintiff Boston Heart Diagnostics Corporation’s (“BHDX”) Motion
to Lift the Stay and Re-Open the Case [#42]. In its motion and memorandum in support, BHDX
avers that the only ground for the stay was the pending re-examination of one of its patents,
which has now concluded, and requests that the court set an expedited schedule for discovery
and trial. Defendant Health Diagnostics Laboratory, Inc. does not oppose lifting the stay in the
case, but opposes BHDX’s request for an expedited schedule.
Upon review of the motion and papers submitted by the parties, the court hereby
GRANTS IN PART and DENIES IN PART BHDX’s motion. The stay in this case shall be
lifted, and BHDX’s request for an expedited schedule is denied without prejudice. BHDX may
move for an expedited schedule at the scheduling conference that will be held pursuant to
Federal Rule of Civil Procedure 16(b).
IT IS SO ORDERED.
/s/ Indira Talwani
United States District Court