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

Case 1:08-cv-00330-JJF

Document 21

Filed 07/31/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CEPHALON, INC., and CIMA LABS, INC., Plaintiffs, v. WATSON PHARMACEUTICALS, INC., a Nevada Corporation, and WATSON LABORATORIES, INC., a Nevada Corporation, Defendants. STIPULATION AND ORDER WHEREAS, Defendant Watson Pharmaceuticals, Inc. filed a Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and (7) (D.I. 12); WHEREAS, Defendant Watson Laboratories, Inc. filed a Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(2) and (6) (D.I. 15) (collectively, the "Motions"); WHEREAS, Plaintiffs' responsive briefs to the Motions are currently due August 1, 2008; WHEREAS, the parties are discussing jurisdictional discovery and a schedule for such before plaintiffs file their opposition brief to the Motions, but are still negotiating a schedule for such discovery; WHEREAS, the parties anticipate that they will conclude these negotiations concerning a schedule for jurisdictional discovery and the filing of opposition and reply briefs to the Court for its review and approval during the week of August 4, 2008; Civil Action No. 08-330 JJF

Case 1:08-cv-00330-JJF

Document 21

Filed 07/31/2008

Page 2 of 2

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties hereto, through their respective counsel and subject to the approval of the Court, that the time within which Plaintiffs Cephalon, Inc., and CIMA LABS, INC. shall respond to the Motions is extended to and includes August 8, 2008 so that the parties may conclude their negotiations and present a schedule to the Court. /s/ Douglas E. McCann William J. Marsden, Jr. (#2247) [email protected] Douglas E. McCann (#3852) [email protected] Fish & Richardson, P.C. 919 N. Market Street, Suite 1100 P. O. Box 1114 Wilmington, DE 19899-1114 302-652-5070 Attorneys for Plaintiffs Dated: July 31, 2008 /s/ Steven J. Fineman Frederick L. Cottrell, III #2555) [email protected] Steven J. Fineman (#4025) [email protected] Richards, Layton & Finger, P.A. One Rodney Square 920 North King Street Wilmington, DE 19801 302-651-7700 Attorneys for Defendants

IT IS SO ORDERED this ______ day of ______________, 2008.

___________________________________ HONORABLE JOSEPH J. FARNAN, JR. UNITED STATES DISTRICT JUDGE

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