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Ecogen, LLC v. Town of Italy

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


May 19, 2006

ECOGEN, LLC, PLAINTIFF,
v.
TOWN OF ITALY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER

Plaintiff's motion for a preliminary injunction and defendants' motion to dismiss are currently scheduled for argument on May 31, 2006. I intend to keep that scheduled argument date.

There is a more recent motion filed by plaintiff to strike certain declarations in some of defendants' papers. I see no reason why the parties cannot be prepared to argue that matter on May 31, 2006, as well. If defendants believe that they are unable to respond to that motion prior to the May 31 argument date, I will afford them time after the argument to submit an appropriate responsive pleading.

IT IS SO ORDERED.

20060519

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