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

Case 1 :07-cv-00522-GI\/IS Document 5 Filed 12/21/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MAKITA U.S.A. INC. and )
MAKITA CORPORATION, )
)
Plaintiffs, ) C.A. No. 07-52}***
)
I v. )
) JURY TRIAL DEMANDEI}
BLACK & DECKER INC. and )
BLACK & DECKER (U.S.) INC., )
)
Defendants. )
STIPULATION AND ORDER FOR EXTENSION OF TIME TO SERVE COMPLAINT
WHEREAS, since the tiling ofthe Complaint in the above-captioned action, the Parties
have been diligently working to settle this matter and a related matter involving the same parties
that is pending in this Court, C.A. No. 07-461-***;
WHEREAS, the parties believe that a global settlement for the two related matters will be
completed shortiy;
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the parties,
subject to the approval ofthe Court, that the time for Plaintiffs to serve the Complaint in the
above-captioned action upon Defendants shall be extended beyond the 120 day period provided
by FRCP 4(ni) to February 25, 2008. In support of this stipulation, the Parties represent that the
Complaint was tiled on August 27, 2007, and that the requested extension is necessary to permit
finalization of the settlement negotiations.
ITIS FURTHER STIPULATED AND AGREED by the parties, subject to the approval
of the Court, that the extension shall in no way prejudice Defenda.nts’ right to raise any defenses

Case 1 :07-cv-00522-GI\/IS Document 5 Filed 12/21/2007 Page 2 of 2
, or defects in their answer, motion or other response to the Complaint, should it be served at a
later date.
POTTER ANDERSON & CORROON LLP MORRIS, NICHOLS, ARSHT & TUNNELL
LLP ‘
By: /s/ David E. Moore By: /s/ Thomas C Grimm
Richard L. Horwitz (#2246) Thomas C. Grimm (#1098)
David E. Moore (#3983) 1201 North Market Street
Hercules Plaza, 6th Floor P.O. Box 1347
1313 N. Market Street Wilmington, DE 19899
Wilmington, Delaware 19801 Tel: (302) 658~9200
Tel: (302) 984-6000 tcgefi1ihgg@,mhat.c0m
rho1witz@,potteraoderson.com _
dm0ore@,pottera11derson.com Attorneys for Defézndants Black & Decker Inc.
and Black & Decker (U S.) Inc.
Attorneys jhr Plaintwfr Makita USA. Inc.
and Makita Corporation
SO ORDERED, this day of , 2007.
Judge
838845 /32149
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Case 1:07-cv-00522-GMS

Document 5

Filed 12/21/2007

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Case 1:07-cv-00522-GMS

Document 5

Filed 12/21/2007

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