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Summary judgment deadline now December 27 in lawsuit challenging new rules; one more amicus joins in
December 19, 2007

The deadline for summary judgment motions in the lawsuit challenging the new claim and continutation rules has apparenlty been extended from December 20 to December 27. While no modified scheduling order has yet appeared on PACER, in the court's order yesterday granting leave for the various amici who sought to file briefs at the summary judgment stage, the court indicated that the deadline for such briefs was December 27, not December 20, as was indicated in the court's previous scheduling order. The extension is likely related to the fact that Tafas' objections to the magistrate judge's order denying his request to take discovery are still under consideration by Judge Cacheris.

In addition, one more amicus has sought leave to participate in summary judgment briefing. Human Genome Sciences today filed a motion for leave to file an amicus brief in support of the plaintiffs' motions for summary judgment. Unlike the other amici, it also filed a copy of its proposed brief, mainly addressing the harm caused by the retroactive application of the rules.

We'll continue monitoring the case as it develops.

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