Free Stipulation - District Court of Delaware - Delaware

Case 1:04-cv-01199-SLR

Document 35

Filed 04/27/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE SRI INTERNATIONAL, INC., a California Corporation, Plaintiff, v. INTERNET SECURITY SYSTEMS, INC., a Delaware corporation, and SYMANTEC CORPORATION, a Delaware corporation, Defendants. Case No. 04-1199-SLR

STIPULATION & PROPOSED ORDER WHEREAS, on April 25, 2005, SRI International Inc. ("SRI") moved the Court for leave to amend its Complaint to add Internet Security Systems, Inc., a Georgia Corporation ("ISS-GA") as a defendant; AND WHEREAS, Internet Security Systems, Inc. a Delaware Corporation ("ISSDE") and Symantec Corporation ("Symantec"), do not contest the proposed amendment; AND WHEREAS, ISS-DE's and Symantec's answer to SRI's original Complaint would otherwise be due the date of this stipulation, April 27, 2005, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the respective parties: (i) that ISS-DE and Symantec consent to the Court entering SRI's First Amended Complaint; (ii) that counsel for ISS-DE agrees to accept service of the First Amended Complaint on behalf of ISS-GA; and (iii) that SRI agrees that ISS-DE and Symantec need not respond to the original Complaint but will answer, move or otherwise respond to the First Amended Complaint along with ISS-GA within 20 days after it is entered by the Court in accordance with the applicable rules.

Case 1:04-cv-01199-SLR

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Filed 04/27/2005

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FISH & RICHARDSON P.C. /s/ Timothy Devlin_________ Timothy Devlin (#4241) 919 N. Market St. Suite 1100 P.O. Box 1114 Wilmington, DE 19889-1114 Attorneys for Plaintiff SRI INTERNATIONAL, INC.

POTTER, ANDERSON & CORROON /s/ Richard L. Horwitz_____ Richard L. Horwitz (#2246) David E. Moore (#3983) Potter Anderson & Corroon LLP Hercules Plaza 1313 North Market Street, 6th Floor P.O. Box 951 Wilmington, DE 19899 Attorneys for Defendant INTERNET SECURITY SYSTEMS, INC.

MORRIS, JAMES, HITCHENS & WILLIAMS LLP /s/ Richard K. Herrmann____ Richard K. Herrmann (#405) 222 Delaware Avenue 10th Floor Wilmington, DE 19801 Attorneys for Defendant SYMANTEC CORPORATION

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Case 1:04-cv-01199-SLR

Document 35

Filed 04/27/2005

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ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION TO AMEND COMPLAINT

The Court having reviewed the stipulation regarding plaintiff SRI INTERNATIONAL, INC.' s motion to amend its complaint, it is hereby ORDERED:

Plaintiffs' Motion to Amend its Complaint is GRANTED and SRI' s First Amended Complaint is deemed entered as of the date of this ORDER.

SO ORDERED, this

day of

, 2005. ____________________________ United States District Judge

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