Free Motion for Extension of Time to File Response/Reply - District Court of Delaware - Delaware

Case 1:04-cv-01443-GMS

Document 91

Filed 02/15/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE NATIONAL STARCH AND CHEMICAL INVESTMENT HOLDING CORPORATION, PENFORD AUSTRALIA LTD., and PENFORD HOLDINGS PTY, Plaintiffs, v. CARGILL, INC. and MGP INGREDIENTS, INC., Defendants. C.A. No. 04-1443-GMS

DEFENDANTS' UNOPPOSED MOTION FOR ONE-DAY EXTENSION OF TIME Defendants Cargill, Inc. and MGP Ingredients, Inc. ("Defendants"), hereby move for a one day extension to allow the filing of their Reply Brief in Support of Motion for Leave to File First Amended Answers and Counterclaims on or before February 17, 2006. Defendants were served with Plaintiffs' opposition papers toward the end of last week, on February 9, 2006. Two of Defendant's counsel principally responsible for the preparation of Defendants' reply papers have been traveling out of the office during the latter part of last week and for a significant portion of this week to attend to depositions and other work related in this suit. Defendants, therefore, respectfully request a one day extension of time to allow proper preparation of Defendants' reply brief. Counsel for Plaintiffs has been contacted and has authorized Defendants to represent that the motion is not objected to and will not be opposed.

Case 1:04-cv-01443-GMS

Document 91

Filed 02/15/2006

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Dated: February 15, 2006

FISH & RICHARDSON P.C.

By: /s/ Thomas L. Halkowski Thomas L. Halkowski (#4099) 919 N. Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19899-1114 Telephone: (302) 652-5070 Facsimile: (302) 652-0607 Attorneys for Defendants Cargill, Incorporated and MGP Ingredients, Inc.

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Case 1:04-cv-01443-GMS

Document 91

Filed 02/15/2006

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CERTIFICATE OF SERVICE I hereby certify that on February 15, 2006, I electronically filed with the Clerk of Court the attached DEFENDANTS' UNOPPOSED MOTION FOR ONE-DAY EXTENSION OF TIME using CM/ECF which will send electronic notification of such filing(s) to the following Delaware counsel. In addition, the filing will also be sent via hand delivery: Josy W. Ingersoll Karen E. Keller Young Conaway Stargatt & Taylor, LLP The Brandywine Building, 17th Floor 1000 West Street P.O. Box 391 Wilmington, DE 19899-0391 Attorneys for Plaintiffs National Starch and Chemical Investment Holding Corporation, Penford Australia Ltd., and Penford Holding Pty

I hereby certify that on February 15, 2006, I have mailed by United States Postal Service, the document(s) to the following non-registered participants: Richard L. DeLucia Paul M. Richter, Jr. Jerry Canada Kenyon & Kenyon One Broadway New York, NY 10004 Attorneys for Plaintiffs National Starch & Chemical Investment Holding Corporation, Penford Australia Ltd., and Penford Holding Pty

/s/ Thomas L. Halkowski Thomas L. Halkowski

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