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

Case 1:08-cv-00031-GMS

Document 17

Filed 03/27/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) ) ) )

CRYOCOR, INC. and AMS RESEARCH CORPORATION, Plaintiffs, v. CRYOCATH TECHNOLOGIES, INC., Defendant.

Civil Action No. 08-031-GMS

STIPULATED ORDER WHEREAS, on March 11, 2008, plaintiffs CryoCor, Inc., ("CyroCor") and AMS Research Corp. ("AMS Research") (collectively "Plaintiffs") filed a Motion To Dismiss Counts III, IV, And XI Of Defendant's Counterclaims, Or, In The Alternative, To Bifurcate And Stay The Same (the "Motion") (D.I. 12); WHEREAS, Defendant CryoCath Technologies, Inc.'s ("CryoCath") answer to Plaintiff's Motion is currently due on March 31, 2008; WHEREAS, AMS and CryoCor filed on February 27, 2008 a Complaint with the United States International Trade Commission ("ITC") seeking to exclude from importation into the United States CryoCath's products that are accused in this action based on the patents that are asserted against CryoCath in this action; WHEREAS, the ITC is expected to make a decision whether it will initiate an Investigation based on the ITC Complaint within the next several business days; WHEREAS, CryoCath alleges that its response to the Motion may depend on the ITC matter or CryoCath, as Respondent in an ITC investigation, may move to stay this District Court litigation pending completion of the ITC proceeding;
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Case 1:08-cv-00031-GMS

Document 17

Filed 03/27/2008

Page 2 of 2

WHEREAS, CryoCath's lead counsel is traveling internationally from April 2-10, 2008; WHEREAS, the extension serves interests of judicial economy and conserves resources; WHEREAS, CryoCath has requested, and Plaintiffs have agreed to, an extension of the deadline to respond to the Motion through and including April 16, 2008; and WHEREAS, the parties have not yet completed a Rule 26(f) conference nor held a scheduling conference with the Court, and the amendment, if permitted by the Court, will not impact or delay the case schedule in any respect; now therefore, IT IS HEREBY STIPULATED AND AGREED, subject to the approval and order of the Court, that the deadline for service of Defendant CryoCath's answering brief in opposition to the Motion is extended to April 16, 2008.

POTTER ANDERSON & CORROON LLP /s/ Richard L. Horwitz ____________________________________ Richard L. Horwitz (I.D. #2246 David E. Moore (I.D. #3983) Hercules Plaza, 6th Floor 1313 N. Market Street Wilmington, DE 19801 302-984-6000 Attorneys for Plaintiffs

ASHBY & GEDDES /s/ Lauren E. Maguire ______________________________ John G. Day (I.D. #2403) Lauren E. Maguire (I.D. #4261) 500 Delaware Avenue, 8th Floor P.O. Box 1150 Wilmington, Delaware 19899 302-654-1888 Attorneys for Defendant

SO ORDERED this ____________ day of ______________________, 2008

______________________________________ Chief Judge

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