Free Stipulation - District Court of Delaware - Delaware

Case 1 :04-cv-01300-SLR Document 63 Filed 08/24/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ETHYPHARM S.A. FRANCE and i
ETHYPHARM S.A. SPAIN, }
Plaintiffs,
[ Civil Action
v. { No. 04-1300-SLR
BENTLEY PHARMACEUTICALS, INC., l
Defendant. E
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ST IPULATION CONCERNING THE APPENDICES OF EXHIBITS TO BE FILED IN l
CONNECTION WITH DEFENDANT’S MOTION FOR SUMMARY JUDGMENT E
The parties to the above-captioned matter respectfully submit the following Stipulation
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concerning the tiling of the appendices of exhibits in connection with Defendant’s forthcoming
Motion for Summary Judgment.
As grounds therefor, the parties state as follows: i
1. By Order dated July 20, 2006, summary judgment motions pertaining to the issue
of agency are to be filed in this case on or before August 25, 2006.
2. Local Rule 7.1 .3(d) requires that an “English translation made under the authority
of the Court or agreed by the parties to be correct, shall be included in the appendix or in the i
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record."
3. The appendices to be filed with the summary judgment motion and opposition
will include a substantial ntunber of exhibits that must be translated into English, reviewed and
agreed by both parties before they can be filed with the Court. Therefore, and in order to comply
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Case 1:04-cv-01300-SLR Document 63 Filed 08/24/2006 Page 2 of 3
with the scheduling order and the requirements of Local Rule 7.1.3(d), the parties stipulate and
agree as follows:
(i) Defendant’s Summary Judgment Motion and accompanying Opening Brief will be tiled
and served as required by Court Order on or before Friday, August 25, 2006. Defendant i
will serve its Appendix of Exhibits — including any proposed English translations of i
these exhibits — upon Plaintiffs on August 25, 2006 but the Appendix of Exhibits will
not be filed with the Court on that date. The Appendix of Exhibits with agreed upon
English translations will be tiled with the Court following Plaintiffs’ review of the
English translations and the parties’ discussion and agreement regarding the accuracy of l
those translations. Defendant’s Appendix of Exhibits will be filed no later than
September 15, 2006.
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(ii) Plaintiffs’ Opposition will be filed and served as required by Court Order on or before i
Friday, September 15, 2006. Plaintiffs will serve their Appendix of Exhibits —
including any proposed English translations of these exhibits — upon Defendants on
September 15, 2006 but the Appendix of Exhibits will not be filed with the Court on _ l
that date. The Appendix of Exhibits with agreed upon English translations will be filed
with the Court following Defendant’s review of the English translations and the parties’
discussion and agreement regarding the accuracy of those translations. PIaintiffs’
Appendix of Exhibits will be filed no later than September 26, 2006. i
(iii) Defendant’s Reply will be tiled as required by Court Order on or before Friday,
September 22, 2006. Defendant’s will serve any supplemental exhibits with English
translations upon Plaintiffs on September 22, 2006 and will file any such supplemental
exhibits with the Court no later than October 3, 2006 after obtaining the agreement of
the Plaintiffs regarding the accuracy of the English translations.

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Case 1 :04-cv-01300-SLR Document 63 Fnleol 08/24/2006 Page 3 of 3
DATED: August 24, 2006

MURPHY SPADARO & LANDON EDWARDS ANGELL PALMER &
Donen LLP
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/s/ Francis J Murphy /S/Joseph B. Cicero 1
Francis J. Murphy (LD. 223) John L. Reed (LD. 3023)
1011 Centre Road, Suite 210 Joseph B. Cicero (I.D. 4388)
Wilmington, DE 19805 919 North Market Street, 15m Floor
$02472.8100 Wilmington, DE 19801 1
3024728135 (fax) $02.777.777O 1
` $02777.7263 (fax)

Dwight P. Bostwick Craig E. Stewart
Manuel S. Varela Veronica C. Abreu 1
Jonathan D. Fine Joseph P. Mingolla
BAACH ROBINSON & LEWIS PLLC EDWARDS ANGELL PALMER &
1201 F Street, NW, Suite 500 DODGE LLP
Washington, DC 20004 111 Huntington Avenue ·
Tel; (202) 833-8900 Boston, MA 02199 1
Fax: (202) 466-5738 Tel: (617) 239-0100
Fax: (617) 227-4420
Attorneys for Pleint»%~: Attorneys for Defendant
SO ORDERED, this day of August, 2006
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Mmm.?
The Honorable Sue L. Robinson
United States District Court Judge
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