Free Motion to Stay - District Court of Delaware - Delaware

Case 1 :07-cv-00137-SLR Document 94 Filed O2/22/2008 Page 1 of 2 I
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE ‘
SUN OPTICS, INC., a Utah Corporation, g
Plaintiff, g
v. g
FGX NTERNATIONAL, INC', a Delaware ) Civil ACGOH NO. 1:07cv137 SLR
Corporation, 3
Defendant. )
I F _ JOINT MOTION FOR A 30-DAY STAY TO ALLOW THE
PARTIES TO CONCLUDE SETTLEMENT DISCUSSIONS
CONNOLLY BOVE LODGE GREENBERG TRAURIG, LLP
& HUTZ LLP Donald J. Detweiler (#3087)
R. Eric Hutz (#2702) Sandra G. M. Selzer (#4283)
The Nemours Building The Nemours Building
1007 N. Orange Street 1007 N. Orange Street, Suite 1200
P.O. Box 2207 Wilmington, DE 19801
Wilmington, DE 19899 Telephone: (302) 661-7000
Telephone: (302) 658-9141
OF COUNSEL: OF COUNSEL:
WORKMAN I NYDEGGER GREENBERG TRAURIG, LLP
Larry R. Laycock Adam B. Landa
Chad E. Nydegger Rachel Izower
1000 Eagle Gate Tower 200 Park Avenue
60 East South Temple New York, NY 10166
Salt Lake City, Utah 84111 Telephone: (212) 801-9200
Telephone: (801) 533-9800 Attorneys for Dekndcznt
Attorneys f0r Plaintw F GX International, Inc.
Sun Optics, Inc.
DATE: February 22, 2008

Case 1:07-cv-00137-SLR Document 94 Filed O2/22/2008 Page 2 of 2
Sim Optics, Inc. ("Sun Optics") and FGX International, Inc. ("FGX") hereby move the ·
Court for an order staying the above-captioned case for an additional 30 days. The reason for
this motion is that the parties have been engaged in settlement negotiations, and have made
significant progress toward reaching an agreement. The parties are committed to settling the
claims and defenses raised in this case, and are in the process of exchanging drafts of a formal
agreement. Further, the Court of Appeals for the Federal Circuit has indicated that if the parties
have entered a formal agreement by March 4, 2008, that the Federal Circuit will require the
parties to meet as part of the Federal Circuit’s mediation program. Consequently, the parties are
diligently striving to have a formal agreement signed by March 4. In light of the foregoing, the
parties move the Court to extend all dates set forth in the Scheduling Order (D.I. 68) by an
additional 30 days to avoid wasting the time and resources of the Court and of the parties. A
proposed revised Scheduling Order is attached hereto as Exhibit A. A proposed order granting
the present motion is also filed simultaneously herewith.
Respectfully submitted this 22nd day of February, 2008.
CONNOLLY BOVE LODGE GREENBERG TRAURIG, LLP
& HUTZ LLP
By: /s/ R. Eric Hutz (LD. 2702) By: /s/ Donald J Detweiler (I.D. 3087)
R. Eric Hutz (#2702) Donald J. Detweiler (#3087)
The Nemours Building Sandra G. M. Selzer (#4283)
1007 N. Orange St., P.O. Box 2207 The Nemours Building
Wilmington, DE 19899 1007 N. Orange Street, Suite 1200
Telephone: (302) 658-9141 Wilmington, DE 19801
Telephone: (302) 661-7000
OF COUNSEL:
WORKMAN I NYDEGGER OF COUNSEL:
Larry R. Laycock GREENBERG TRAURIG, LLP
Chad E. Nydegger Adam B. Landa
1000 Eagle Gate Tower Rachel Izower
60 East South Temple 200 Park Avenue
Salt Lake City, Utah 84111 New York, NY 10166
Telephone: (801) 533-9800 Telephone: (212) 801-9200
Attorneys for Plaintw Attorneys for Dekndant
Sun Optics, Inc. F GX International, Inc
59sa4s_1
2

Case 1 :07-cv—00137-SLR Document 94-2 Filed 02/22/2008 Page 1 of 1
1
IN THE UNITED STATES DISTRICT COURT i
FOR THE DISTRICT OF DELAWARE
SUN OPTICS, INC., a Utah Corporation, S
Piaintirt >
)
V- ) . . .
) C1v1lAct1on No. 1:07cvl37 SLR
FGX NTERNATIONAL, INC., a Delaware J
Corporation, g
Defendant. g
'
[PROPOSED] ORDER GRANTING JOINT MOTION FOR A 30-DAY STAY
TO ALLOW THE PARTIES TO CONCLUDE SETTLEMENT DISCUSSIONS
The Court, having considered the parties’ Joint Motion for a 30-Day Stay to Allow the
Parties to Conclude Settlement Discussions, and for good cause appearing therefore, the Motion
is GRANTED. The Clerk is ordered to enter the revised Scheduling Order attached as Exhibit A
to the Motion.
DATED this day of , 2008.
BY THE COURT
By
Hon. Chief Judge Sue L. Robinson
United States District Court Judge
I 5aa949_1 »

Case 1 :07-cv-00137-SLR Document 94-3 Filed 02/22/2008 Page 1 of 1
UNITED STATES DISTRICT COURT
· FOR THE DISTRICT OF DELAWARE q
SUN OPTICS, INC. )
a Utah Corporation, )
;
Plaintiff, ) Civil Action No.07-137 (SLR) .
)
v. )
FGX INTERNATIQNAL {Ng g .
a Delaware Corporation, )
)
Defendant. ) q
l, Francis DiGiovanni, hereby certify that on February 22, 2008, I caused to be
electronically filed a true and correct copy of the foregoing with the Clerk of the Court using
CM/ECF, which will send notification that such filing is available for viewing and downloading
to the following counsel of record:
Donald J. Detweiler, Esquire
Sandra G. M. Selzer, Esquire
GREENBERG TRAURIG, LLP ‘
The Nemours Building
1007 North Orange Street, Suite 1200
Wilmington, DE 19801
Attorney for Dekndant
F GX International Inc.
I further certify that on February 22, 2008, I caused a copy of the foregoing to be served
by hand delivery on the above-listed counsel of record and the following counsel in the manner
indicated:
FEDERAL EXPRESS FEDERAL EXPRESS
Adam B. Landa, Esquire Steven J. Wadyka, Jr., Esquire
GREENBERG TRAURIG, LLP GREENBERG TRAURIG, LLP
200 Park Avenue 1750 Tysons Boulevard, 12th Floor
New York, NY 10166 McLean, VA 22102
/s/ Francis DiGi0vc1rmi (LD. 3189 Q
593957