Free Stipulation to EXTEND Time - District Court of Delaware - Delaware

Case 1 :07-cv-00265-SLR-LPS Document 75 Filed 10/01 /2007 Page 1 of 2
UNITED STATES DISTRICT COURT
DESTRICT OF DELAWARE
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COLLINS & AIKMAN CORPORATION :
and COLLINS & AIKMAN PRODUCTS :
CO., as Debtors in Possession, :
Plaintiffs,
v. Civil Action No. 07-cv-00265-***
DAVID A. STOCKMAN, et al
Defendants.
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STIPULATION TO EXTEND BRIEFING SCHEDULE
WITH RESPECT TO DEFENDANT KPMG’S MOTION TO STAY
WHEREAS, on September 14, 2007, Defendant KPMG LLP (“KPMG") filed a
motion to stay the above~captioned action in favor of arbitration pursuant to the Federal
Arbitration Act, 9 U.S.C. § 3 (the "l\/lotion to Stay”);
WHEREAS, on that same date, the various Defendants in this action, including
KPMG, filed twelve separate motions to dismiss pursuant to Federal Ruie of Civil Procedure T2;
WHEREAS, Plaintiffs have requested an extension of time to respond to these
various motions;
WHEREAS, KPMG and Plaintiffs have conferred and agreed to extend Plaintiffs’
time to respond to the Motion to Stay until Defndants’ motions to dismiss have been
adjudicated by this Court,
IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned
parties, as represented by the undersigned attorneys, that:

Case 1 :07-cv-00265-SLR-LPS Document 75 Filed 10/01 /2007 Page 2 of 2
l. Plaintiffs’ time to respond to the Motion to Stay will be tolled pending
resolution of Defendants’ motions to dismiss.
2. Upon resolution of all of Defendants’ motions to dismiss, if KPMG’s
motion to dismiss is denied, then KPMG and Plaintiffs agree to confer between themselves
I regarding the Motion to Stay and to set a briefing schedule for submission of opposition and
I reply papers.
3. This agreement does not in any way affect the parties’ time to respond to
any motion to dismiss tiled in the above—captioned action, and does not alter or supersede any
other agreement between the parties regarding same.
4. The extension of time to respond to the Motion to Stay, as agreed to
herein, is not evidence indicating a waiver, voluntary or otherwise, of KPMG’s right to stay this
or any other proceeding in favor of arbitration, or of any other right to seek or compel arbitration.
ROSENTHAL, MONHAIT & GODDESS, EDWARDS ANGELL PALMER &
P.A. DODGE LLP
/s/ Carmella P. Keener /s/ Joseph B. Cicero
By: By: _
Joseph A. Rosenthal (#234) Michael J. Mairnone (#3592)
Carmelia P. Keener (#2810) Joseph B. Cicero (#4388)
919 North Market Street 919 North Market Street
Suite l40l 15m Floor
Wilmington, DE 19801 Wilmington, DE 1980l j
(302) 656-4433 (302) 777—7770
Attorneys for Plaintiffs Collins & Aikman Attorneys for Defendant KPMG
Corp., and Collins & Aikman Products Co.
SO ORDERED, this day of October 2007.
United States District Judge
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