Free Status Report - District Court of Delaware - Delaware

Case 1:06-cv-00055-GMS

Document 211

Filed 10/01/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

TESLA INDUSTRIES, INC., a Delaware Corporation, Plaintiff, v. DAVID C. WALDMANN Defendant. JOINT STATUS REPORT To the Honorable Gregory M. Sleet, District Judge: 1. On July 9, 2007, the court entered an order allowing the parties joint Civil Action No. 06-55 (GMS)

motion for a continuance of the trial in the above-referenced action and requiring the parties to submit a jointly-prepared report regarding the status of this case by October 1, 2007. 2. Prior to July 9, 2007, the court approved a settlement which dismissed all

claims between Tesla Industries, Inc. ("Tesla") and the so-called "NMT Parties." After the approval of this settlement, there remain pending only the respective claims of Tesla, plaintiff and defendant-in-counterclaim, and David C. Waldmann, defendant and plaintiff in counterclaim ("Waldmann"). 3. Tesla and Waldmann have engaged in settlement negotiations, and, in

September, have exchanged drafts of proposed settlement agreements. While there remain important unresolved issues, the parties have agreed to continue settlement negotiations in an effort to reach a mutually agreeable settlement, as soon as practicable.

Case 1:06-cv-00055-GMS

Document 211

Filed 10/01/2007

Page 2 of 2

4.

Accordingly, Tesla and Waldmann jointly request that the Court enter an

order continuing the trial generally and requiring the parties to submit a further jointlyprepared Status Report by December 1, 2007. Dated: October 1, 2007 TESLA INDUSTRIES, INC. By its attorneys: DAVID C. WALDMANN By his attorney:

/s/ Brian A. Sullivan________ Brian A. Sullivan, Esq. (#2098) Robert D. Wilcox, Esq. WERB & SULLIVAN 300 Delaware Avenue Wilmington, DE 19899 Tel: 302-652-1100

/s/ John Adams________________ John Adams S USANIN, WIDMAN & BRENNAN, PC 455 South Gulph Road King of Prussia, PA 19406 Tel: 610-337-4510

/s/ Paul E. Crawford_________ Paul E. Crawford, Esq. (#493) CONNOLLY BOVE LODGE & H UTZ LLP 1007 N. Orange Street Wilmington, DE 19801 Tel: 302-658-9141

/s/ Christopher W. Parker_______ Christopher W. Parker, Esq. BBO #389720 RUBIN AND RUDMAN LLP 50 Rowes Wharf Boston, MA 02110 Tel: 617-330-7000

Case 1:06-cv-00055-GMS

Document 211-2

Filed 10/01/2007

Page 1 of 1

CERTIFICATE OF SERVICE

I hereby certify that on October 1, 2007, I caused one copy of the foregoing document to be served upon the persons listed below in the manner indicated:

VIA E-MAIL & FIRST CLASS MAIL John A. Adams, Esq. Susanin Widman & Brennan, P.C. 455 S. Gulph Road, Suite 240 King of Prussia, PA 19406

VIA HAND DELIVERY John D. Demmy, Esq. Stevens & Lee, P.C. 1105 North Market Street, 7 th Floor Wilmington, DE 19801

/s/ Brian A. Sullivan_______ Brian A. Sullivan (#2098)