Free Stipulation - District Court of Delaware - Delaware

Case 1:07-cv-00178-GMS

Document 38

Filed 09/13/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

DEUTSCHER TENNIS BUND (GERMAN TENNIS FEDERATION) and ROTHENBAUM SPORT GMBH, Plaintiffs,
V.

C.A. No. 07-178 (GMS)

ATP TOUR, INC., JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, JOHN DOE 4, JOHN DOE 5, JOHN DOE 6, JOHN DOE 7, JOHN DOE 8 and JOHN DOE 9,
Defendants.

TRIAL BY JURY DEMANDED

STIPULATION AND PROPOSED ORDER FOR EXTENSION OF COORDINATED SCHEDULING ORDER DEADLINES
WHEREAS, the Court's current Scheduling Order (D.I. 21), entered on July 13, 2007, established the deadline for filing motions to amend the pleadings to add additional parties as July 27, 2007; WHEREAS, Counsel for the parties previously stipulated and agreed, and the Court ordered, that the deadline for filing motions to amend the pleadings would be extended to and including September 14, 2007; WHEREAS, the Court's current Scheduling Order also established the deadlines for the conclusion of fact discovery, the beginning and conclusion of expert discovery, and the briefing

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and filing of dispositive motions, which deadlines have not yet passed; WHEREAS, despite the diligent efforts of the parties to pursue discovery and to review and produce documents, the parties anticipate that their full, initial document productions will not be completed until late September, 2007; WHEREAS the parties are working to schedule certain contemplated depositions that have not yet been taken, pending the completion of the parties' initial document production; and WHEREAS, the parties respectfully submit to the Court that, despite the fact that the parties have diligently pursued discovery, including discovery relating to the identity of parties who may properly and justly be joined in this matter, if any, the parties have not yet completed the production, receipt or review of the document discovery and certain depositions that, Plaintiffs contend, may potentially bear on such issues and, as such, good cause exists for the continuation of certain deadlines in the current Coordinated Scheduling Order; WHEREAS, the parties have met and conferred and reached certain agreements with respect to discovery (which agreements will be separately documented among the parties); WHEREAS, the extensions requested herein do not alter the dates in the Coordinated Scheduling Order with respect to dispositive motions, pre-trial conference, or trial; and WHEREAS, the parties do not file this Stipulation for purposes of delay or any other improper purpose and relieve that this Stipulation will not prejudice the Court's docket; Counsel for the parties hereby stipulate and agree, subject to Court approval, that certain of the deadlines in the current Coordinated Scheduling Order shall be extended as follows-

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CURRENT
Deadline for filing of Motion September 14, 2007 to Join Additional Parties Fact Discovery Ends November 2, 2007 November 2, 2007 Expert Discovery Begins December 10, 2007 Expert Discovery Ends Letter briefing on Motion for December 21, 2007 Summary Judgment due Opposition letter on Motion January 21, 2008 for Summary Judgment due Reply letter on Motion for February 8, 2008 Summary Judgment due Conference re: potential February 11, 2008

NEW
October 15, 2007 December 3, 2007 December 10, 2007

January 18, 2008
January 21, 2008 February 1, 2008 NO CHANGE NO CHANGE

Motion

for

Summary
February 25, 2008 (or two NO CHANGE weeks after order following February 11 conference)

Judgment Dispositive Motions

Pretrial Conference Trial

June 30, 2008 July 21 , 2008

NO CHANGE NO CHANGE

All other dates, including the dates for filing dispositive motions, pre-trial conference, and trial, shall remain the same.

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Consistent with Local Rule 16.4, by signing below counsel respectively certify that a copy of this stipulation and proposed order has been forwarded to each of their clients.

Dated: September 13, 2007

YOUNG CONAWAY STARGATT & TAYLQ % LLP

ASHBY & GEDDES

C. 46-Plini- - o. 4092) Chad S .C. Stover (No. 4919) The Brandywine Building 1000 West Street, 17`h Floor Wilmington., DE 19801 (302) 571-6600 [email protected] Robert D. MacGill Hamish S. Cohen Jennifer Westerhaus Adams Barnes &Thornburg LLP 11 South Meridian Street Indianapolis, IN 46204

/s/Philip Trainer, Jr. Lawrence C. Ashby (No. 468) Philip Trainer, Jr. (No. 2788) 500 Delaware Avenue, 8`h Floor P. 0. Box 1150

Wilmington, DE 19899 (302) 654-1888
ptrainer ct ahby-geddes.com Bradley 1. Ruskin Jennifer R. Scullion Proskauer Rose LLP 1585 Broadway

New York, NY 10036

SO ORDERED this

day of

, 2007.

United States District Judge

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