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

Case 1 :08-cv—00054-GIVIS Document 22 Filed 04/14/2008 Page 1 of 4 l
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JERALD KING, Derivatively on behalf ot, )
CEPHALON, INC. )
>
Plaintiff, )
)
v. ) C.A. No. 08-054-GMS
)
FRANK BALDINO, JR., WILLIAM P. EGAN, )
MARTYN D. GREENACRE, VAUGH M. )
KAILIAN, KEVIN E. MOLEY, CHARLES A. )
SANDERS, GAIL R. WILENSKY, and _ ) p
DENNIS L. WINGER )
) l
and )
>
CEPHALON, INC., A Delaware Corporation, )
)
Nominal Defendant. )
p STIPULATION AND PROPOSED ORDER REGARDING THE SCHEDULE FOR
DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS
COME NOW the above—named Plaintiff, Defendants, and Nominal Defendant K
(collectively, the "Parties”) jointly requesting the Court issue an Order extending the time for
Plaintiff to file his Answering Brief in Opposition to the Motion for Judgment on the Pleadings
(the "Motion") [D.I. 18] filed by Defendants and Nominal Defendant until May 23, 2008, and l
setting the time for Defendants and Nominal Defendant to file their Repy in Support of the
Motion on or before June 23, 2008, based on the following: · — l
WHEREAS, after service of Plaintiff s Verified Shareholder Derivative Complaint (the
"Complaint") [D.I. 1], counsel for the Defendants and Nominal Defendant requested additional
time to answer or otherwise respond to the Complaint and counsel for Plaintiff agreed to that
request;

Case 1:08-cv—00054-G|\/IS Document 22 Filed 04/14/2008 Page 2 of 4 l
1
WHEREAS, on February 29, 2008, the Parties submitted to the Court a Stipulation to
Extend Time to Answer Complaint [D.l. 13], which the Court granted on that same day;
WHEREAS, on March 31, 2008, Defendant and Nominal Defendant filed their Answer
to the Complaint [D.l. 17], in addition to the Motion; E
WHEREAS, counsel for Plaintiff has requested additional time to tile his Answering
Brief in Opposition to the Motion;
WHEREAS, counsel for Defendants and Nominal Defendant has agreed that Plaintiff
may have until May 23, 2008 to file his Answering Brief in Opposition to the Motion;
WHEREAS, counsel for Plaintiff has agreed that Defendants and Nominal Defendant
may have until June 23, 2008 to file their Reply in Support of the Motion;
WHEREAS, the requested extension is necessitated by the complexities of the issues l
involved in this derivative litigation, as well as the numerous grounds for dismissal raised by
defendants in their thirty—three page Memorandum of Law in Support of the Motion. ln addition, l
counsel have several pre—existing professional obligations that must be addressed in the near- H
term and that conflict with the due date for the Answering Brief in Opposition to the Motion and
the subsequent Reply in Support of the Motion;
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

Case 1:08-cv—00054-G|\/IS Document 22 Filed 04/14/2008 Page 3 of 4 4
NOW THEREFORE, the Parties respectfully jointly request the Court enter an Order
extending the time for Plaintiff to tile his Answering Brief in Opposition to the Motion until May
23, 2008, and extending the time for Defendants and Nominal Defendant to file their Reply in
Support of the Motion until June 23, 2008.
RIGRODSKY & LONG, P.A. McCARTER & ENGLISH, LLP
l
/s/ Brian D. Long /s/ Daniel M. Silver i
Brian D. Long (# 4347) Michael P. Kelly (# 2295)
[email protected] [email protected] ·
919 North Market Street, Suite 980 Daniel M. Silver (# 4578)
Wilmington, DE 19801 [email protected]
(302) 295-5310 Renaissance Centre
405 N. King Street, 8th Floor
Attorneys for Plaintiff Wilmington, DE 19801
(302) 984-6300
Attorneys for Defendants and Nominal
Defendant
OF COUNSEL: i
Steven B. Feirscn
Michael L. Kichline
DECHERT LLP
Circa Centre
2929 Arch Street
Philadelphia, PA 19104
(215) 994-4000
Dated: April 14, 2008 Dated: April 14, 2008

Case 1:08-cv—00054-G|\/IS Document 22 Filed 04/14/2008 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
J ERALD KING, Derivatively on behalf of )
CEPHALON, INC. )
)
Plaintiff, )
)
v. ) C.A. No. 08-054-GMS
J
FRANK BALDINO, JR., WILLLAM P. EGAN, )
MARTYN D. GREENACRE, VAUGH M. )
KAILIAN, KEVIN E. MOLEY, CHARLES A. )
SANDERS, GAIL R. WILENSKY, and )
DENNIS L. WINGER )
)
and )
)
CEPHALON, INC., A Delaware Corporation, )
J
Nominal Defendant. )
ORDER
IT IS HEREBY ORDERED this ___ day of 2008, for good cause shown, that
Plaintiff shall have until May 23, 2008, to file his Answering Brief in Opposition to the Motion
of Defendants and Nominal Defendant for Judgment on the Pleadings (the "Motion’°);
IT IS HEREBY FURTHER ORDERED that the Defendants and Nominal Defendant
shall have until June 23, 2008 to file their Reply in Support of the Motion.
Chief United States District Judge

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