Free Motion to Continue - District Court of Delaware - Delaware

Case 1:06-cv-00055-GMS

Document 209

Filed 07/06/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

TESLA INDUSTRIES, INC., a Delaware Corporation, Plaintiff, v. DAVID C. WALDMANN, LYNDOL W. HOLLINGSWORTH, CHARLES MINNICK a/k/a CHUCK MINNICK, and NEW MILLENNIUM TOOLS, INC., an Oregon Corporation, Defendants.

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Civil Action No. 06-55-GMS

JOINT MOTION FOR CONTINUANCE OF TRIAL SCHEDULED FOR JULY 30, 2007 WHEREAS, Plaintiff Tesla Industries, Inc. and three of the four defendants in the above action ­ Lyndol W. Hollingsworth, Charles Minnick, and New Millennium Tools, Inc. (collectively "the NMT Defendants") ­ have entered into a "Mutual General Release and Settlement Agreement"; WHEREAS, the Court has dismissed all claims and counterclaims between Plaintiff Tesla Industries, Inc. and the NMT Defendants upon their joint motion seeking such dismissal; WHEREAS, the Court has scheduled the five-day trial of this matter for July 30, 2007; WHEREAS, the dismissal of the NMT Defendants may require substantial revisions to the Pretrial Order entered by the Court; WHEREAS, Plaintiff Tesla Industries, Inc. and the remaining defendant, David C. Waldmann, are in the process of exploring a possible resolution of their respective claims and counterclaims;

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Case 1:06-cv-00055-GMS

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WHEREAS the trial of this matter is not expected by counsel for the remaining parties to take five days but can likely be completed in four days; now therefore, Plaintiff Tesla Industries, Inc. and Defendant jointly move for entry of an order continuing the trial currently set for July 30, 2007 to such other date as the Court shall designate, substantially in the form attached as Exhibit 1.

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/s/ Brian A. Sullivan Brian A. Sullivan (#2098) Robert D. Wilcox (#4321) Amy D. Brown (#4077) Werb & Sullivan, P.A. 300 Delaware Avenue, 13th Floor P.O. Box 25046 Wilmington, Delaware 19899 Telephone: 302-652-1100 [email protected] Paul E. Crawford (#493) Connolly Bove Lodge & Hutz LLP 1007 N. Orange Street P.O. Box 2207 Wilmington, Delaware 19899 Telephone: 302-888-6262 [email protected] COUNSEL FOR PLAINTIFF, TESLA INDUSTRIES, INC.

/s/ John D. Demmy John D. Demmy (#2802) Stevens & Lee, P.C. 1105 North Market Street, 7th Floor Wilmington, DE 19801 302.654.5180 Fax: 302.654.5181 [email protected]

John A. Adams Susanin Widman & Brennan, P.C. Executive Terrace, Suite 240 455 South Gulph Road King of Prussia, PA 19406-3119 (610) 337-4510 (610) 337-4531 (facsimile) COUNSEL FOR DEFENDANT DAVID C. WALDMANN

Dated: July 6, 2007

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Case 1:06-cv-00055-GMS

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Exhibit 1

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Case 1:06-cv-00055-GMS

Document 209-2

Filed 07/06/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

TESLA INDUSTRIES, INC., a Delaware Corporation, Plaintiff, v. DAVID C. WALDMANN, LYNDOL W. HOLLINGSWORTH, CHARLES MINNICK a/k/a CHUCK MINNICK, and NEW MILLENNIUM TOOLS, INC., an Oregon Corporation, Defendants.

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Civil Action No. 06-55-GMS

ORDER RESCHEDULING TRIAL SCHEDULED FOR JULY 30, 2007 WHEREAS, Plaintiff Tesla Industries, Inc. and three of the four defendants in the above action ­ Lyndol W. Hollingsworth, Charles Minnick, and New Millennium Tools, Inc. have entered into a settlement under which the Court has dismissed all claims and counterclaims between Plaintiff Tesla Industries, Inc. and the NMT; WHEREAS, the Court has scheduled the five-day trial of this matter for July 30, 2007; WHEREAS, Plaintiff Tesla Industries, Inc. and Defendant David C. Waldmann jointly have moved for entry of an order continuing the trial currently set for July 30, 2007. IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that: 1. rescheduled. The trial of this matter currently set for July 30, 2007 through August 4, 2007 is

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2.

This matter is scheduled for a Four (4) day jury trial beginning at ____ _.m. on

_______, 2007.

SO ORDERED, this _____ day of July, 2007.

Gregory M. Sleet United States District Judge

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