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Optigen, LLC v. International Genetics

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


June 18, 2009

OPTIGEN, LLC, PLAINTIFF
v.
INTERNATIONAL GENETICS, INC, ET AL., DEFENDANTS.
OPTIGEN, LLC, PLAINTIFF
v.
TEXAS A & M UNIVERSITY SYSTEM, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gustave J. DI Bianco, United States Magistrate Judge

CONSOLIDATION ORDER

The plaintiff, OptiGen, LLC ("OptiGen") has sought consolidation of the two above actions.*fn1 Counsel for OptiGen and counsel for all defendants appeared by telephone conference with the Court on June 10, 2009, and there was no objection to the consolidation.

Upon review of the motions to consolidate and the information obtained during the telephone conference, it has been determined that the above actions are related. The General Orders of the Northern District of New York provide for reassignment of related cases. N.D.N.Y. General Order 12(G)(1). The court may also consolidate cases sua sponte pursuant to Fed. R. Civ. P. 42(a). See Devlin v. Transportation Communs. Int'l Union, 175 F.3d 121, 130 (2d Cir. 1999).

WHEREFORE, it is hereby

ORDERED, that plaintiff's motions to consolidate (Dkt. No. 33- in 5:09-CV-6) and (Dkt. No. 19- in 5:09-CV-457) are GRANTED, and it is

ORDERED, that the above actions are consolidated for all purposes and will remain assigned to the Honorable Glenn T. Suddaby, United States District Judge and the Honorable Gustave J. Di Bianco, United States Magistrate Judge with the LEAD CASE being OptiGen, LLC. v. International Genetics, Inc., et al., 5:09-CV-6, and it is

ORDERED, that any future papers in the above cases must be filed under the LEAD CASE: 5:09-CV-6, and it is

ORDERED, that the Clerk of the Court shall file a copy of this Order in each of the above cases.


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