Free Stipulation - District Court of Delaware - Delaware

Case 1:04-cv-00407-GMS

Document 77

Filed 05/03/2007

Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE In re BROADBAND OFFICE, INC., Debtor. Civil Action No. 04-407 (GMS) Bankruptcy Case No. 01-1720 (GMS) Chapter 11

BROADBAND OFFICE, INC., Plaintiff, vs. TECHNOLOGY CREDIT CORPORATION D/B/A EXTREME NETWORKS CREDIT CORPORATION, EXTREME NETWORKS, INC., KEY CORPORATE CAPITAL, INC. KEY EQUIPMENT FINANCE, INC. LEASETEC CORPORATION Defendants.

STIPULATED ORDER FOR SHORT CONTINUANCE OF PRETRIAL CONFERENCE COME NOW Plaintiff BroadBand Office, Inc. ("BBO"), Technology Credit Corporation; Extreme Networks, Inc. and Key Corporate Capital, Inc. and jointly stipulate to an order for a short continuance of the Pretrial Conference, currently scheduled for May 7, 2007 at 11:00 am. Trial in this bankruptcy preference action is currently scheduled for May 29, 2007. The parties respectfully request that the pretrial conference be continued for at least two (2) weeks, or such later time convenient to the Court, for the following reasons. BBO has already reached a settlement agreement with one of the defendants, and will commence settlement discussions immediately with the other two defendants. Further, there is pending an unresolved motion for summary judgment filed by Extreme Networks, Inc. and request for oral argument thereon.

Civil Action No. 4-407

1

Case 1:04-cv-00407-GMS

Document 77

Filed 05/03/2007

Page 2 of 3

Additionally, it appears, and the parties understand, that the Court has two matters set for trial on the same day as the currently scheduled pretrial conference. Plaintiff shall provide each of the defendants a draft pretrial order at least 7 days prior to the rescheduled pretrial conference, and the Plaintiff shall file the proposed final pretrial order pursuant to and in accordance with D. Del. LR 16(d). The parties respectfully request that an order be entered continuing the pretrial conference on May 21, 2007 or such other later time convenient for the Honorable Court, such that the pretrial conference shall be held on_____________, 2007 at ___:___ _.m. The Parties also respectfully request that out of state counsel be permitted to participate in the pretrial conference via telephone with all local counsel attending in person. /s/ David Carickhoff Steven L. Caponi, Esq. Mark J. Packel, Esq. David Carickhoff (DE # 3715 ) Blank Rome LLP 1201 N. Market Street, Suite 800 Wilmington, DE 19801 /s/ Brian A. Sullivan Brian A. Sullivan, Esq. (DE #2098) Robert D. Wilcox, Esq. (DE #4321) Amy D. Brown, Esq. (DE #4077) 300 Delaware Avenue, 13th Floor P. O. Box 25046 Wilmington, DE 19899

Attorneys for Key Corporate Capital, Inc.

Attorneys Broadband Office, Inc.

/s/ Ricardo Palacio Ricardo Palacio, Esq. (DE #3765 ) Ashby & Geddes 222 Delaware Avenue P. O. Box 1150 Wilmington, DE 19899 Attorneys for Extreme Networks, Inc. Credit Corporation

/s/ Thomas W. Briggs Thomas W. Briggs, Jr., Esq. (DE #4076) Morris, Nichols, Arsht & Tunnell Chase Manhattan Centre, 18th Floor 1201 North Market Street Wilmington, DE 19899-1347 Attorneys for Technology Credit Corporation

Civil Action No. 4-407

2

Case 1:04-cv-00407-GMS

Document 77

Filed 05/03/2007

Page 3 of 3

IT IS SO ORDERED this ________________day of ______________, 2007. ___________________________________ The Honorable Gregory M. Sleet United States District Court Judge

Civil Action No. 4-407

3