Plaintiff's motion to extend the 30-month FDA stay on defendants' ANADA approval was granted. "No doubt, [defendant's] actions -- in waiting four months after the close of discovery and only five months before trial to change its ANADA -- provide a strong basis for this Court to extend the stay. . . . [B]ecause [defendant] changed its ANADA application so late in litigation. . . This Court finds that [it] failed to reasonably cooperate in expediting this action."
Bayer Healthcare, LLC v. Norbrook Laboratories, Ltd., et. al., 2-08-cv-00953 (WIED June 7, 2011, Order) (Randa, J.)
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