Free Stipulation to EXTEND Time - District Court of Delaware - Delaware

Case 1:05-cv-00921-SLR Document 9 Filed O3/13/2006 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR TI~IE DISTRICT OP DELAWARE
GEORGE L. MILLER, as Chapter 7 Trustee for )
AMERICAN BUSINESS FINANCIAL )
SERVICES, INC., )
)
Plai.ntit`f )
)
V. ) CIVIL ACTION
) NO. O5—92i(SI,R)
BOSTON PARTNERS MANAGEMENT, LP., )
BOSTON PARTNERS ASSET MANAGEMENT, )
L.L.C., DEPOSITORY TRUST COMPANY, )
and JANE and JOHN and JANE DOES l~50, )
)
Defendants )
STIPULATION
The Plaintifi by his counsel, has notified counsel for defendants Boston Partners
Management, LP. and Boston Partners Asset Management, L.L.C. (collectively, "Boston
Partners") that the Plaintiff intends to tile a motion for ieave to tile a Second Amended
Complaint. Accordingly, in order to avoid incurring the further expense of preparing a
rsponse to the Amended Complaint, the Plaintiff and Boston Partners, by their counsel
duly authorized, hereby stipulate as foitows:
(a) that Boston Partners need not respond to the Amended Complaint
unless the PIaintiff’s rnotion for Ieave to tile a Second Amended
Complaint is denied, in which case Boston Partners will have fourteen
(1.4) days from the date of receiving notice of the denial of Plaintiff? s
motion within which to answer, move or otherwise respond to the
Amended Complaint;

Case 1:05-cv-00921-SLB Document 9 Filed O3/13/2006 Page 2 of 3
(li) that Boston Partners will have fourteen (E4) days to file its response to
the Plaintiff s motion for leave to file a Second Amended Complaint;
(c) that in the event that the Plaintiff s motion for leave to file a Second
Amended Complaint is granted, Boston Partners will have twenty eight
(28) days within. which to answer, move or otherwise respond to the S
Second Amended Complaint;
(rl) that the time within which the Plaintiff may respond to any tiling by
Boston Partners in response to the Second Amended Complaint is
extended by fourteen (14) days from the date on which it would
otherwise be due pursuant to the Federal Rules of Civil Procedure and
D.DeliL.R. 7.l.2; and
(e) that the time within which Boston Partners may reply to any tiling by
the Plaintiff is extended by seven (7) days from the date on which it
would otherwise by due pursuant to the Federal Rules for Civil
Procedure and D.Del.L.R. 7.1.2.
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Case 1:05-cv-00921-SLR Document 9 Filed O3/13/2006 Page 3 of 3
MORRIS NICHOLS ARSHT & TUNNELL, LLP
/s/ Kenneth J Naolibar
OF COUNSEL: Kenneth Naehbar (#2067)
Scott A. Birnbaum 1201 North Market Street
David S. Godkin PO. Box 1347
BYRNBAUM & GODKIN, LLP Wilmington, DE 19899-1347
280 Summer Street (302) 575-7294
Boston, MA 02210 1·[email protected]
Attorneys for Boston Partners Management
LP. and Boston Partners Asset
Mariagement, LL. C.
CIARDI & CIARDI, P.C.
OF COUNSEL:
Aibert A. Ciardi, IH
Thomas H. Chiecehio, Er. /s/ Rosalie L. Sgelnian
One Commerce Square Rosahe L. Spelman (#4153)
2005 Market Street, Suite 2020 901 Market Street, Suite 463
Phi1z1d.e1phia, PA 19103 Wilmington, DE 19803
(302) 472-9039
Attorneys for George L. Miller, as Chapter 7
T rusiee for American Business Financial
Services, Inc.
Dated: March 13, 2006
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