Free Proposed Order - District Court of Delaware - Delaware

Case 1:O7—cv-OO537—SLFi—LPS Document8 Filed O9/26/2007 Paget 0f2
IN THE UNITED STATES DISTRICT COURT
FOR TI-IE DISTRICT OF DELAWARE
PHOENIX PAYMENT SYSTEMS, INC. )
d/b/a ELECTRONIC PAYMENT )
EXCHANGE, )
Plaintiff, I
v. I C.A. No. 07637-***
LEXCEL, INC. and 3
LEXCEL SOLUTIONS, INC., )
Defendants. I
STIPULATION AND PROPOSED ORDER
Plaintiff Phoenix Payment Systems, Inc. d/b/a Eiectronic Payment Exchange and
Defendants Lexcel, Inc. and Lexcel Solutions, Inc. hereby stipulate and agree, subiect to
the approval of the Court, that the time for Defendants to move, answer, counterciaim or
otherwise respond to the Complaint of Phoenix Payment Systems, Inc. is extended up to
and inciuding October 24, 2007. Defendants further stipulate that they received a copy of
the complaint in this matter by registered mail on September 20, 2007, and that the
Declaration of Mailing tiled by Plaintiff indicates that the package was sent on
September I0, 2007. Defendants reserve ail rights and defenses, including, but not
limited to, defenses and objections as to venue, personal jurisdiction, and service of
process. Nothing herein shall be construed as a waiver of any such defenses and
objections or as a consent to jurisdiction. A
I
DB02:6258852.l sououmsci

Case 1 :O7—cv-OO537—SLR—LPS Document 8 Filed O9/26/2007 Page 2 of 2
Respectfully submitted,
Dated: September 26, 2007
MORRIS, NICHOLS, ARSHT & YOUNG CONAWAY STARGATT &
TUNNELL LLP TAYLOR, LLP
/s/ Julia Heaney E
Jack B. Blumenfeld (No. 1014) C. an·F nn (No. 4092)
Julia Heaney (No. 3052) Chad S.C. Stover (No. 4919) ·
1201 North Market Street The Brandywine Building
P.O. Box 1347 1000 West Street, 17th Floor
Wilmington, DE 19801 Wilmington, DE 19801
(302) 658-9200 (302) 571-6600
[email protected] [email protected]
At2‘or:2e)¤sfo1‘Ploi:2tyj’
Phoenix Pt1yme12tS;»sre:r2s, Inc. Artorneysfor Defendants
cl/b/o Electronic Payment Exchange Lexcel, Inc. and Lexcel Solutions, Inc.
SO ORDERED this dey of , 2007,
United States District Judge
2
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Case 1:07-cv-00537-SLR-LPS

Document 8

Filed 09/26/2007

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Case 1:07-cv-00537-SLR-LPS

Document 8

Filed 09/26/2007

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