Free Proposed Order - District Court of Delaware - Delaware

Case 1:06-cv-00762-JJF

Document 17

Filed 05/31/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE LIPPERT COMPONENTS, INC., Plaintiff, v. DEXTER AXLE COMPANY, Defendant. ) ) ) ) ) ) ) ) ) )

C.A. No. 06-762-JJF

STIPULATION AND ORDER FOR SUBSTITUTION OF PARTIES IT IS HEREBY STIPULATED and agreed by counsel for the parties, Plaintiff Lippert Components, Inc. ("Lippert") and Defendant Dexter Axle Company ("Dexter Axle"), subject to the approval of the Court, as follows: 1. Lippert filed this action for patent infringement against Dexter Axle on or about

December 13, 2006. 2. 3. 4. Dexter Axle filed its Answer and Counterclaims on or about February 26, 2007. Lippert filed its Reply to Dexter's counterclaims on or about March 12, 2007. Dexter Axle is a Delaware corporation and wholly-owned subsidiary of Tomkins

Industries, Inc., also a Delaware corporation. Tomkins Industries, Inc. is wholly owned, through an additional series of non-public entities, by Tomkins PLC ("Tomkins"), a public company organized under the laws of the United Kingdom. 5. Dexter Chassis Group, Inc. ("Dexter Chassis") is a Michigan corporation and

wholly-owned subsidiary of Dexter Axle Acquisition Corporation ("DAAC"), a Delaware corporation and wholly-owned subsidiary of Tomkins Industries, Inc.

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6.

Dexter Axle represents that Dexter Chassis is the proper party to the above-

captioned action and, based upon that representation, shall be substituted for Dexter Axle as the defendant in the action. 7. Dexter Axle is hereby dismissed without prejudice as a party to the above-

captioned action. 8. Lippert shall have the opportunity to conduct limited discovery on the issue of

whether Dexter Axle is a proper party to this action. Notwithstanding any scheduling order in the case, if upon the conclusion of such discovery Lippert reasonably believes that Dexter Axle is a proper party to the action, the parties agree to re-join Dexter Axle as a defendant in the action. 9. Dexter Axle reserves and retains all rights to seek any and all remedies to

which it may be entitled should it be re-joined, and should it be ultimately proven that Dexter Axle is not a proper party to this action. MORRIS, NICHOLS, ARSHT & TUNNELL LLP GREENBERG TRAURIG, LLP

/s/ Thomas C. Grimm
___________________________________ Thomas C. Grimm (#1098) Leslie A. Polizoti (#4299) 1201 North Market Street P.O. Box 1347 Wilmington, DE 19899-1347 302.658.9200 [email protected] [email protected]

/s/ Titania R. Mack
___________________________________ Donald J. Detweiler (#3087) Titania R. Mack (#4120) The Nemours Building 1007 North Orange Street Suite 1200 Wilmington, DE 19801 302.661.7000 [email protected] [email protected]

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OF COUNSEL: Dean A. Monco Brad R. Bertoglio WOOD PHILLIPS 500 West Madison Street Suite 3800 Chicago, IL 60661-2562 312.876.1800 Attorneys for Plaintiff Lippert Components, Inc. Dated: May 31, 2007

OF COUNSEL: George G. Matava Brian A. Carpenter Stephen B. Perkins GREENBERG TRAURIG, LLP 1200 Seventeenth St., Suite 2400 Denver, CO 80202 303.572.6500 Attorneys for Defendant Dexter Axle Company

SO ORDERED, this ___ day of ___________, 2007.

___________________________________________ UNITED STATES DISTRICT JUDGE
843795

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