Case 1:07—cv—00537-SLR-LPS Document 18 Filed 12/07/2007 Page 1 of 1
MORRIS, NICHOLS, ARSHT 8; TUNNELL LLP
1201 N01r.TH MARKET STREET
P.O. Box 1347
Wxrmxncrox, DELAWARE 19899-1347
302 658 9200
302 658 3989 Fax
JULIA HEAHEY
202 351 9221
302 425 3004 FM
_]]1CHJ1EY@J11D.&l'..COII1 7,
BY E-·FILING
Magistrate Judge Leonard P. Stark
United States District Court
for the District of Delaware ·
844 N. King Street
Wilmington, DE 19801
Re: Phoenix Payment Systems, Inc. d/b/o Electronic Payment Exchange v.
Lexcel, Inc. andLexcel Solutions, Inc., C.A. No. 07-537 g***)
Dear Magistrate Judge Stark:
Pursuant to the Rule 16 teleconference that was held on December 5, 2007, the
parties have conferred and consent to have Your Honor decide Plaintiffs Motion To Dismiss
Lexcel’s Counterclaim (D.I. 12).
In addition, the parties request that the following language be substituted for the
second sentence in paragraph 2 of the proposed Scheduling Order:
All motions to amend or supplement the pleadings, other than any
amend1nents provided for by this Court in its ruling on
counterdefendant‘s outstanding motion to dismiss, shall be filed by
May l, 2008.
Respectfully,
ney 7
J H:ncf U
cc: Clerk, U.S. District COUIT (by hand delivery)
Jason Reed (by e-mail) -
C. Barr Flinn (by e—mail)
Chad S. C. Stover (by e—mail)
1330635
Case 1:07-cv-00537-SLR-LPS
Document 18
Filed 12/07/2007
Page 1 of 1