Free Stipulation - District Court of Delaware - Delaware

Case 1:04-cv-01264-SLR

Document 402

Filed 03/14/2006

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

STIPULATED ORDER WHEREAS, Overstock.com, Inc. ("Overstock") is the only remaining defendant in the above case; WHEREAS, all plaintiffs and Overstock have reached a settlement agreement and are in the process of preparing mutually acceptable documentation, after the execution of which they will stipulate to the dismissal of this action; WHEREAS, numerous court deadlines are approaching in the days and weeks ahead, and in light of the settlement, the parties agree that it would be wasteful for them to expend resources complying with those deadlines; now therefore, IT IS HEREBY STIPULATED and agreed, subject to the approval and order of the Court, that all remaining case deadlines in this action are suspended, in anticipation of the filing of a stipulation of dismissal, and that the parties shall submit a 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.

Case 1:04-cv-01264-SLR

Document 402

Filed 03/14/2006

Page 2 of 2

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
167586.1