Free Order - District Court of Delaware - Delaware

Case 1:04-cv-01482-GMS

Document 75

Filed 04/26/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

DAVIS INTERNATIONAL, LLC, HOLDEX LLS, FOSTON MANAGEMENT, LTD, and OMNI TRUSTHOUSE, LTD, Plaintiffs v.

NEW START GROUP CORPORATION, VENITOM CORPORATION, PANAMERICAN CORPORATION, MDM ) BANK, URAL-GORNO METALURGICAL) COMPANY, EVRAZ HOLDING, ) MIKHAIL CHERNOI, OLEG DERIPASKA,) ARNOLD KISLIN, MIKHAIL NEKRICH, ) and ISKANDER MAKMUDOV, ) ) Defendants. )

) ) ) ) ) ) ) ) ) ) )

Civil Action No. 04-1482 GMS

)

ORDER WHEREAS, on April 13, 2005, the court held a teleconference to discuss a discovery dispute regarding the defendants' Motion to Dismiss the Complaint (D.I. 47); WHEREAS, the parties agreed to suspend briefing regarding the following issues raised in the defendants' motion to dismiss: (1) forum non conveniens; (2) international comity; (3) lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure; and (4) failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; WHEREAS, the parties further agreed to an expedited briefing schedule regarding the defendants' motion to dismiss pursuant to the doctrine of direct estoppel (the "direct estoppel motion"); and WHEREAS, the defendants agreed to re-file their opening brief in support of the direct

Case 1:04-cv-01482-GMS

Document 75

Filed 04/26/2005

Page 2 of 2

estoppel motion; IT IS HEREBY ORDERED that: 1. The plaintiffs shall file an answering brief to the direct estoppel motion, according to the format set forth in the local rules of the District of Delaware, no later than May 27, 2005. The defendants shall file a reply brief to the direct estoppel motion, according to the format set forth in the local rules of the District of Delaware, no later than June 27, 2005.

2.

Dated: April 25, 2005

/s/ Gregory M. Sleet UNITED STATES DISTRICT JUDGE

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