Free Stipulation - District Court of Delaware - Delaware

Case 1 :04-cv-01278-KAJ Document 192 Filed 10/19/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT p
F OR THE DISTRICT OF DELAWARE
CRYOVAC, INC., )
Plaintiff/Counter—Defendant, i
v. g Civil Action No. 04-l278~KAJ
PECHNEY PLASTIC PACKAGING, INC., g
Defendant/Counter-Plaintiff g
STIPULATION AND ORDER
WHEREAS, the Court has ordered certain discovery to proceed outside the discovery
period and that such discovery be completed on or before October 21, 2005 (D.I. l80);
WHEREAS, due to plaintiffs counsel’s participation in a jury trial set to commence on
October 24, 2005, the October 19, 2005, deadline in this action for the filing of case dispositive
motions and opening claim construction briefs, and a death in the immediate family of in-house
counsel, counsel for both parties agree that an additional time to complete the discovery is
needed; and
WHEREAS, both parties agree that additional time to complete this discovery will not
require any extension of the case dispositive motion briefing schedule or to any other dates set in
the Scheduling Order dated December 14, 2004;
Now, therefore, Plaintiff7Counter—Defendant Cryovac, Inc. and Defendant/Counter-
Plaintiff Pechney Plastic Packaging, Inc., subject to the approval of the Court, stipulate and agree
as follows:
DB0l:l877970l1 0635271001

t Case 1:04-cv—01278-KAJ Document 192 Filed 10/19/2005 Page 2 of 2
1. The time for completion of the discovery contemplated by D.I. 180 through and
including November 10, 2005. Deposition of the Cryovac witness is scheduled for November 2, i
2005, and deposition of the Pechiney witness is scheduled for November 10, 2005.
2. Should any discovery occuring after October 19 be used be used in a reply brief to
support a case dispositive motion, the parties agree that a short sur·reply (not to exceed 3 pages)
addressed solely to that new information may be filed within 3 days of any such reply brief
YOUNG CONAWAY STARGATT CONNOLLY BOVE LODGE & HUTZ
& TAYLOR, LLP
/s/
LJ
J 0 . Shaw (ID #3362) N. Richard Powers (ID #494)
Kare E. Keller (ID #4489) Rudolf E. Hutz (ID #484)
100 West Street, 17th Floor 1007 North Orange Street
P.O. Box 391 P.O. Box 2207
Wilmington, DE 19801 Wilmington, DE 19899-2207
(302) 571-6666 (302) 888-6266
[email protected] [email protected]
l Aftvazeyfvr PMMWCOMMfer-Defendant Attorncyfor D€f€iZCZCliZZL/COL!/Zf€l‘·P[CliiZmp
CWOVCZC, [H9 Pac/iincy Plastic Packaging, Inc.
SO ORDERED this day of , 2005.
United States District Judge
2
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