ENZO LIFE SCIENCES, INC. v. DIGENE CORPORATION (D.Del. 2003)

JOSEPH J. FARNAN, JR., District Judge

NOW THEREFORE, For The Reasons discussed in the Opinion issued this date, IT IS HEREBY ORDERED this 10th day of June 2003, that:

1) Enzo Biochem's Motion to Strike the Expert Report of Stephen Jizmagian (D.I. 144) is DENIED;

2) Enzo Biochem's and Enzo Life Sciences' Joint Motion to Bifurcate and Stay Discovery (D.I. 145) is GRANTED as to Bifuraction of issues but DENIED as to the Stay of Discovery on the Business Tort Counterclaims;

3) Fact Discovery as to the Business Tort Counterclaims shall be extended so as to be completed by August 15, 2003;

4) Digene's Motion for Protective Order (D.I. 104) is DENIED;

5) Digene's Motion for Protective Order (D.I. 113) is DENIED;

6) Plaintiff's Motion to Compel Digene to Produce a 30(b)(6) Deponent is DENIED as moot because the Parties have resolved the issue;

7) As discussed at the teleconference on Wednesday, June 4, 2003, Enzo counsel is permitted to show their clients an unredacted version of Dr. Jizmagian's expert report;

8) The parties shall submit a letter with a Proposed Agreed Upon Trial Date for February or March, 2004;

9) A Pretrial Conference will be held on Thursday, November 6, 2003 at 2:30 p.m., in Courtroom No. 4B on the 4 Floor, Boggs the Federal Building, Wilmington, Delaware.