Free Order on Motion for Preliminary Injunction - District Court of Delaware - Delaware

Case 1:04-cv-01335-GMS

Document 61

Filed 09/07/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE VIACELL, INC., et al. Plaintiffs v. PHARMASTEM, INC. Defendant : : MDL Docket No. 5-md-1660 GMS : Civil Action No. 04-1335 GMS : : ORDER WHEREAS, on October 5, 2004, a complaint was filed in the above-captioned case; WHEREAS, on October 8, 2004, the plaintiff, Viacell, Inc., filed a motion for preliminary injunction (D.I. 4). A response was filed on October 26, 2004 (D.I. 18), and a reply was filed on October 29, 2004 (D.I. 31); WHEREAS, on October 27, 2004, Pharmastem, Inc. filed a motion to quash subpoena (D.I. 20). A response was filed on November 10, 2004 (D.I. 43), and the reply brief was filed on December 22, 2004 (D.I. 57); WHEREAS, on October 29, 2004, Pharmastem, Inc. filed a motion to dismiss (D.I. 28). A response was filed on December 20, 2004 (D.I. 56), and the reply brief was filed on January 7, 2005 (D.I. 58); WHEREAS, on February 17, 2005, a Transfer Order from the Judicial Panel on Multidistrict Litigation, including this action, was filed in the District of Delaware; WHEREAS, on July 19, 2005, the court issued a Practice and Procedure Order in MDL 05-md-1660 GMS, scheduling an initial pretrial conference on October 6, 2005;

Case 1:04-cv-01335-GMS

Document 61

Filed 09/07/2005

Page 2 of 2

Accordingly, IT IS ORDERED THAT: 1. The Plaintiff's Motion for Preliminary Injunction (D.I. 4) is hereby DENIED WITHOUT PREJUDICE; 2. The Defendant's Motion to Quash Subpoena (D.I. 20) is hereby DENIED WITHOUT PREJUDICE; 3. The Defendant's Motion to Dismiss (D.I. 28) is hereby DENIED WITHOUT PREJUDICE;

September 7, 2005

/s/ Gregory M. Sleet UNITED STATES DISTRICT JUDGE