Free Response to Motion - District Court of Delaware - Delaware

Case 1:99-cv-00255-SLR

Document 289-2

Filed 01/31/2008

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­x : HOWARD HESS DENTAL LABORATORIES : : INCORPORATED and PHILIP GUTTIEREZ d/b/a DENTURES PLUS, on behalf of themselves and all others : : similarly situated, : Plaintiffs, : : : -against: : DENTSPLY INTERNATIONAL, INC., : : Defendant. : ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­x [PROPOSED] ORDER At Wilmington, this ________ day of _____________ 2008, WHEREAS, by Memorandum Opinion (D.I. 271) and Order (D.I. 272), the Court denied Plaintiffs' motion for summary judgment and injunctive relief based on Count II; WHEREAS, all other Counts, and all other claims for relief based on Count II have been dismissed, with prejudice; and WHEREAS, Plaintiffs have reserved their right to appeal from this order, and from all prior adverse orders not previously appealed from; THEREFORE, IT IS ORDERED that: 1. The Complaint is dismissed with prejudice; and 2. Pursuant to 28 U.S.C. § 1291, entry of this order shall constitute entry of a "final decision" in the above-captioned matter. ___________________________________ United States District Judge

C.A. No. 99-255 (SLR)