Free Status Report - District Court of Delaware - Delaware

Case 1:04-cv-01264-SLR

Document 404

Filed 05/17/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

BTG INTERNATIONAL INC., INFONAUTICS CORPORATION, AND TUCOWS INC., Plaintiffs, v. OVERSTOCK.COM, INC., Defendants.

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C.A. No. 04-1264-SLR

JOINT STATUS REPORT AND STIPULATED ORDER

WHEREAS, plaintiffs (collectively, "BTG") and the only remaining defendant in the above case, Overstock.com, Inc. ("Overstock"), have reached a settlement agreement; WHEREAS, by stipulated order entered on March 15, 2006 (D.I. 402), the Court suspended all remaining case deadlines in order to permit BTG and Overstock to devote their resources to documenting their settlement rather than continuing to litigate against each other, and the Court further provided that the parties were to submit a joint status report in 30 days if a stipulation of dismissal had not yet been filed; WHEREAS, by stipulated order entered on April 18, 2006, the Court provided for a second 30-day period after which the parties again were to report on their status if a stipulation of dismissal had not yet been filed; and WHEREAS, after substantial progress in attempting to document the details of their settlement, a dispute over a few remaining terms has arisen which the parties have not yet been able to resolve, but which they are continuing to work to resolve; and

Case 1:04-cv-01264-SLR

Document 404

Filed 05/17/2006

Page 2 of 2

WHEREAS, by or before the passage of another 30-day period, the parties anticipate either resolving their dispute and dismissing this action or reporting to the Court that they are at an impasse and ready to pursue the next appropriate steps; now therefore, IT IS HEREBY STIPULATED and agreed, subject to the approval and order of the Court, that the parties shall submit another joint status report to the Court regarding the progress of the settlement within 30 days of the entry of this order if a stipulation of dismissal has not yet been filed.

ASHBY & GEDDES

BOUCHARD MARGULES & FRIEDLANDER, P.A. /s/ John M. Seaman _________________________________ David J. Margules (I.D. #2254) John M. Seaman (I.D. #3868) 222 Delaware Avenue, Suite 1400 Wilmington, DE 19801 302-573-3500 Attorneys for Defendant Overstock.com, Inc.

/s/ Steven J. Balick _______________________________ Steven J. Balick (I.D. # 2114) John G. Day (I.D. # 2403) Tiffany Geyer Lydon (I.D. #3950) 222 Delaware Avenue, 17th Floor P.O. Box 1150 Wilmington, DE 19801 302-654-1888 Attorneys for Plaintiffs

SO ORDERED this _________ day of _____________________________, 2006.

Chief Judge
169491.1