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VDATA, LLC, and VCODE HOLDINGS, INC., Petitioners, v. AETNA, INC., PNY TECHNOLOGIES, INC., MERCHANT'S CREDIT GUIDE CO., THE ALLSTATE CORPORATION, and AMERICAN HERITAGE LIFE INSURANCE CO., Respondents.

ORDER

JOAN ERICKSEN, District Judge

The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Susan Richard Nelson dated October 31, 2006. No objections have been filed to that Report and Recommendation in the time period permitted.

Based on the Report and Recommendation of the Magistrate Judge, and all of the files, records and proceedings herein, IT IS HEREBY ORDERED that:

1. Merchant's Motion to Stay Litigation Pending Reexamination Proceedings (Doc. No. 22) be GRANTED;

2. Aetna's Motion to Dismiss (Doc. No. 42) be DENIED;

3. Aetna's Motion for Sanctions (Doc. No. 55) be DENIED;

4. Plaintiff's Motion to Strike Exhibits (Doc. No. 59) be DENIED as MOOT;

5. Plaintiff's Motion to Strike Exhibits (Doc. No. 71) be DENIED as MOOT.

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VDATA, LLC v. AETNA, INC. (D.Minn. 11-21-2006)
(Nov 21, 2006)