Genetic Veterinary Sciences, Inc. v. LABOklin GmbH & Co. KG et al

Filing 99

OPINION AND ORDER denying 94 Motion for Reconsideration. Signed by District Judge Henry C. Morgan, Jr on 4/4/2018. (jrin)

FILED

APR - 4 2018
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

clerk, U.S. DISTRICT COURT

Norfolk Division

GENETIC VETERINARY SCIENCES, INC.,
d/b/a Paw Prints Genetics,
Plaintiff,
V.

Civil Action No. 2:17cvl08

LABOKLIN GMBH & CO. KG &

THE UNIVERSITY OF BERN,
Defendants.

OPINION & ORDER

This comes on Plaintiff, Genetic Veterinary Sciences, Inc. d/b/a Paw Print Genetics'

("Plaintiff or "PPG") Motion for Clarification and Reconsideration of Order Denying Plaintiffs

Motion for Summary Judgment and Granting Defendants' Motionto Strike Plaintiff s Statement
of Undisputed Facts In Part ("the Motion"). Doc. 95 at 1. The Final Pretrial Conference for this
matter is set for April 19, 2018 and there is a jury trial set for April 30, 2018. For the reasons
stated below, this Court DENIES Plaintiffs Motion.
I. BACKGROUND AND PROCEDURAL HISTORY

On January 31, 2018, after hearing argument on Plaintiffs Motion for Summary

Judgement, this Court reserved its ruling and entered an Order requiring Plaintiff to file a brief

with its list of undisputed facts and related declaration that complies with Federal and Local
Rules. Doc 80. On February 2, 2018 Plaintiff filed a brief that amended its undisputed facts in
support of summary judgment to comply with local rules ("First Updated Statemenf), but failed
to amend its original declaration in support of the Motion for Summary Judgment. Doc 81. On
February 6, 2018 Defendant filed a Motion to Strike the original declaration. Docs. 82-83.