Free Order - District Court of Delaware - Delaware

Case 1 :04-cv-01300-SLR Document 61 Filed 07/20/2006 Page 1 of 3
UNITED STATES DISTRICT COURT r
FOR THE DISTRICT OF DELAWARE __
I
ETHYPHARM S.A. France and )
ETHYPHARM S.A. Spain, )
) C.A. N0.: 04-1300 (SLR)
Plaintiffs, )
)
v. )
)
BENTLEY PHARMACEUTICALS, INC. )
)
Defendant )

STIPULATION AND ORDER
WHEREAS many of the witnesses in this action are foreign and former employees of the
parties, and the parties have been working diligently and in good faith to schedule depositions to
accommodate these overseas witnesses; and
VVHEREAS the parties have engaged the services of an private mediator, Linda Singer,
Esq., for a three-day mediation to take place in New York in or around the end of September.
IT IS HEREBY STIPULATED AND AGREED, by and among Plaintiffs Ethypharm
S.A. France and Ethypharm S.A. Spain (collectively “Plaintiffs") and Defendant Bentley
Pharmaceuticals, Inc., ("Defendant") through undersigned counsel, and subject to the approval of
the Court, that the Court’s Scheduling Order of November 29, 2005, is amended as follows:
1. The Phase I discovery cut-off shall be moved from July 14, 2006 to August 5, 2006.
2. All summary judgment motions regarding the issue of agency and joint tortfeasor
status under paragraph 5 of the Scheduling Order shall be served and filed on or

Case 1 :04-cv—01300-SLR Document 61 Filed 07/20/2006 Page 2 of 3
before August 25, 2006, rather than August 15, 2006. Oppositions shall be served
and filed on or before September 15, 2006, and replies, if any, shall be served and
filed on or before September 22, 2006.
3. The Court shall hear oral argument on any such motions and hold a status conference
M Z bp rm.
on Oc.—1¤bu Ao , 2006% The current date of September 27, 2006 is continued to
afford the parties the opportunity to engage in an extended mediation proceeding
before an outside mediator, which the parties have tentatively scheduled for
September 27 to 29, 2006.
4. The other deadlines in the Scheduling Order, including the commencement of the trial
on October 1, 2007, shall not be affected by this stipulation and order.
5. The parties shall notify Magistrate Judge Thynge of their engagement of an outside
mediator and shall request that Magistrate Judge Thynge adjourn the mediation set by
her for September 13, 2006, along with its associated deadlines.
MURPHY SPADARO & LANDON
Of Counsel:
/s/ Francis J. Mugghy
Dwight P. Bostwick, Esq. (D.C. No. 427758) Francis J. Murphy, Esq. (No. 223)
I rathan D. Fine, Esq. (D.C. No. 491185) 101 l Centre Road, Suite 210
BAACH ROBINSON & LEWIS PLLC Wilmington, DE 19805
1201 F Street, NW, Suite 500 Tel: (302) 472-8100
Washington, DC 20004 Fax: (302) 472-8135
Tel: (202) 833-8900 [email protected]
Fax: (202) 466-5738
133256 2

Case 1:04-cv-01300-SLR Document 61 Filed 07/20/2006 Page 3 of 3
EDWARDS ANGELL PALMER &
DODGE LLP
Of Counsel: /s/ John L. Reed
John L. Reed (I.D. 3023)
Craig E. Stewart, Esq. Denise Seastone Kraft (LD. 2778)
Veronica C. Abreu, Esq. 919 N. Market Street, 15m Floor
Joseph P. Mingolia, Esq. Wilmington, DE 19801
PALMER &. DODGE LLP Counsel for Defendant
lll Huntington Avenue
Boston, MA 02199
SO ORDERED, this dm" day of July, 2006.
The Hon. Sue Lgobinson
United States District Judge
133256 3