Free Stipulation to EXTEND Time - District Court of Delaware - Delaware

Case 1:04-cv-00858-SLR

Document 537

Filed 12/22/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE LML PATENT CORP., Plaintiff, v. TELECHECK SERVICES, INC., ELECTRONIC CLEARING HOUSE, INC., XPRESSCHEX, INC., and NOVA INFORMATION SYSTEMS, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 04-858 SLR

STIPULATION AND ORDER TO AMEND SCHEDULING ORDER IT IS HEREBY STIPULATED AND AGREED, subject to the approval and order of the Court, that the October 22, 2004 Scheduling Order is amended as follows: 2(f): Fact Witnesses to be called at trial: On or before January 31, 2006, each party shall serve on the other parties a revised list of each fact witness (including any expert witness who is also expected to give fact testimony) -- who has previously been disclosed during discovery -- that it intends to call at trial. The parties shall have the right to depose any such fact witnesses who have not previously been deposed in this case. Such deposition(s) shall be held on or before February 28, 2006 and shall be limited to twenty (20) hours per side in the aggregate unless extended by agreement of the parties or upon order of the Court upon good cause shown. All other deadlines as set forth in the Court's October 22, 2004 Scheduling Order shall remain in full force and effect.

Case 1:04-cv-00858-SLR

Document 537

Filed 12/22/2005

Page 2 of 2

/s/ Richard K. Herrmann Richard K. Herrmann (I.D. No. 405) Mary B. Matterer (I.D. No. 2696) MORRIS JAMES HITCHENS & WILLIAMS LLP 222 Delaware Avenue, 10th Floor Wilmington, Delaware 19801 302.888.6800 [email protected] [email protected] Counsel for Plaintiff LML Patent Corp.

/s/ Sean Hayes William J. Marsden, Jr. (I.D. No. 2247) Sean Hayes (I.D. No. 4413) FISH & RICHARDSON 919 North Market Street, Suite 1000 Wilmington, Delaware 19801 302.652.5070 [email protected] [email protected] Counsel for Defendant TeleCheck Services, Inc.

/s/ Frank DiGiovanni Francis DiGiovanni (I.D. No. 3189) CONNOLLY BOVE LODGE & HUTZ LLP The Nemours Building 1007 N. Orange Street Wilmington, Delaware 19801 302.658.9141 [email protected] Counsel for Defendants Electronic Clearing House, Inc. and Xpresschex, Inc. /s/ Thomas H. Kovach Richard D. Kirk (I.D. No. 922) Thomas H. Kovach (I.D. No. 3964) THE BAYARD FIRM 222 Delaware Avenue, Suite 900 Wilmington, DE 19801 302.429.4208 [email protected] Counsel for Defendant NOVA Information Systems, Inc.

SO ORDERED this ______ day of ______________________, 2005.

Judge Sue L. Robinson -2-