Free Stipulation - District Court of Arizona - Arizona

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40 North Central Avenue Phoenix, Arizona 85004-4429 Facsimile (602) 734-3746 Telephone (602) 262-5311 Peter D. Baird (001978) ([email protected]) Robert H. McKirgan (011636) ([email protected]) Richard A. Halloran (013858) ([email protected]) Kimberly A. Demarchi (020428) ([email protected]) Attorneys for POST Integrations, Inc., et al.

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) Plaintiff, ) vs. ) ) Nelcela, Inc., et al., ) ) Defendants. ) ) ) And Related Counterclaims, Cross-Claims, ) and Third-Party Claims. ) ) No. CIV 02-1954-PHX-MHM STIPULATION RE: ADMISSION OF TRIAL EXHIBITS FOR PHASE I (Assigned to The Honorable Mary H. Murguia)

8 Merchant Transaction Systems, Inc., 9 10 11 12 13 14 15

All the parties in this action stipulate and agree that those exhibits to which no party

16 has registered an objection shall be admitted at the beginning of trial in Phase I, on April 17 10, 2007. 18 Attached as Exhibit A and Exhibit B are the parties' exhibit lists in the form 19 prescribed by the Court. For each exhibit to which this stipulation applies, the words 20 "4/10/07 (by stipulation)" appear in the column for the date of admission, reflecting the 21 parties' agreement that these exhibits shall be admitted into evidence on that date when the 22 trial begins. 23 Exhibits A and B also reflect the parties' agreement that the following previously 24 listed exhibits are being withdrawn: 173, 555-573, 674, and 677. They also reflect the 25 parties' agreement to amend the description of Nelcela's exhibits 676 and 678 to show that 26 those exhibits each consist of a single CD, not several CDs as previously listed. 27 28
Case 2:02-cv-01954-MHM Document 469 Filed 04/06/2007 Page 1 of 2
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DATED this 6th day of April, 2007 DICARLO CASERTA & PHELPS PLLC Nicholas J. DiCarlo and LAW OFFICES OF WILLIAM McKINNON BRYAN CAVE LLP

By s/ William McKinnon William McKinnon Attorneys for Merchant Transaction Systems, Inc. and Gene and Tone Clothier LEWIS AND ROCA LLP

By s/ George C. Chen George C. Chen Attorneys for Lexcel, Inc. and Lexcel Solutions, Inc.

RONAN & FIRESTONE, PLC

By s/ Kimberly A. Demarchi Peter D. Baird Robert H. McKirgan Richard A. Halloran Kimberly A. Demarchi Attorneys for POST Integrations, Inc., Ebocom, Inc., Mary L. Gerdts, and Douglas McKinney

By s/ Merrick B. Firestone Merrick B. Firestone Veronica L. Manolio Attorneys for Nelcela

Case 2:02-cv-01954-MHM

Document 469 2 Filed 04/06/2007

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