RNAi Litigation

Archive for December, 2011

[from Case 1:11-cv-10484-PBS Document 39 Filed 12/01/11]

Plaintiff University of Utah hereby notifies the Court that it is withdrawing its Motion to
Stay Proceeding, filed November 18, 2011. The basis for Plaintiff’s motion was that Plaintiff would be submitting a motion for leave to file its complaint with the United States Supreme Court, as Defendants had urged, and that a stay of this proceeding is appropriate until the Supreme Court ruled on Plaintiff’s motion. But Plaintiff’s continuing research into § 1251(a)’s procedural muddle now indicates that a more appropriate approach is to amend Plaintiff’s complaint in this Court by dropping the UMass and adding culpable Massachusetts state officials. By dismissing UMass from this action, Plaintiff’s claim clearly avoids § 1251(a), so this Court’s jurisdiction is unquestioned. This approach moots Plaintiff’s motion to stay. Relatedly, on November 28, 2011, the Court granted Plaintiff’s unopposed motion to extend time on Plaintiff’s oppositions to Defendants’ motions to dismiss. The extension reached until after Plaintiff files its motion for leave with the Supreme Court.

Plaintiff will seek an agreement with Defendants regarding a new briefing schedule for their dismissal motions and will notify the Court of any developments.

Does this mean that Dr. Zamore will be a defendant? Stay tuned.