Free Stipulation - District Court of Delaware - Delaware

Case 1:07-cv-00440-SLR

Document 58-4

Filed 06/23/2008

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE


G&G, LLC,
Plaintiff,
v.

C.A. No. 07-440 (SLR)

JAMES L. HYDE, et aI., Defendants.

JOINT STIPULATION AND ORDER REGARDING DISCOVERY DEADLINES WHEREAS, the parties have been engaged in substantial settlement negotiations and believe additional time is necessary to conclude those negotiations; and WHEREAS, the parties have agreed to prior extensions to answer the complaint and believe an extension of the discovery schedule is warranted to further settlement discussions. NOW THEREFORE, subject to the approval of the Court, the undersigned counsel agree that the schedule set forth in the Order entered in this case on December 18, 2007, shall be modified as follows: Discovery. (a) All fact discovery shall be commenced in time to be completed by October 10, 2008. (b) Each deposition is limited to a maximum of 8 hours unless extended by agreement of the parties.

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Case 1:07-cv-00440-SLR

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(c) Reports from retained experts under Rule 26(a)(2) on issues for which any party has the burden of proof due by October 31,2008. Rebuttal expert reports due by November 21,2008. (d) Expert discovery shall be concluded by December 1,2008. All other aspects of the December 18, 2007 Order will remain in place. Dated: June 23, 2008

ZUCKERMAN SPAEDER LLP

MORRIS JAMES LLP

lsi Virginia Whitehill Guidi Thomas G. Macauley (ID No.3411) Virginia Whitehill Guidi (ill No. 2792) 919 N. Market Street, Suite 990 P.O. Box 1028 Wilmington, DE 19899 (302) 427-0400 [email protected] [email protected] Attorneys for PlaintiffG&G, LLC

lsi Carl N. Kunz, III Carl N. Kunz, III (ill No. 320 I) Michael A. Weidinger (ID No. 3330) 500 Delaware Ave., Suite 1500 P.O. Box 2306 Wilmington, DE 19899 (302) 888-6800 . [email protected] [email protected] Attorneys for Defendants Brand Equity Ventures II, LP, Walnut Investment Partners, LP, Walnut Private Equity Fund, LP, The Walnut Group, Millevere Holdings Limited, Daniel Yarnell James Gould, Simon Wright, Walt Spokowski

SO ORDERED this _ _ day of

, 2008.

The Honorable Sue L. Robinson United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE


G&G,LLC, Plaintiff,
v.

CA. No. 07-440 (SLR)

JAMES L. HYDE, et at., Defendants.

CERTIFICATION OF COUNSEL I, Virginia W. GuIdi, an associate at Zuckerman Spaeder LLP and Delaware counsel to G&G, LLC ("G&G"), hereby certify as follows:
1.

Plaintiff, G&G and Defendants Brand Equity Ventures 11, LP, Walnut Investment

Partners, LP, Walnut Private Equity Fund, LP, The Walnut Group, Millevere Holdings Limited, Daniel Yarnell, James Gould, Simon Wright, and Walt Spokowski have been engaged in substantial settlement negotiations and believe additional time is necessary to conclude those negotiations. 2. A Joint Stipulation and Order Regarding Discovery Deadlines (the "Joint

Stipulation") to modify the December 18, 2007 Scheduling Order (the "Existing Order") has been submitted to the Court. Existing Order (Docket No. 52). 3. The existing deadline for all parties to conclude fact discovery is June 23, 2008. The Joint Stipulation sought an Order extending, in part, the

The existing deadline for parties to file expert reports is July 14, 2008 and rebuttal expert reports are due by August 4, 2008. All expert discovery is currently scheduled to conclude by August 22,2008.

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4.

The Plaintiff and the Defendants have been in settlement negotiations for some

time. Since some of the claims may be subject to insurance coverage, insurance companies are also involved. 5. In order to acconunodate ongoing settlement negotiations, the Plaintiff and the

Defendants have agreed to a proposed modification of the existing Order that will not affect the January 26, 2009 trial date. In conjunction with this proposed modification to the existing Order, the parties have stipulated in the Joint Stipulation and have agreed that: (a) fact discovery shall be conunenced in time to be completed by October 10, 2008; (b) Reports from retained experts under Rule 26(a)(2) on issues for which any party has the burden of proof are due by October 31, 2008; (c) Rebuttal expert reports are due by November 21, 2008; and (d) All expert discovery shall be concluded by December 1, 2008. All other provisions of the December 18, 2007

Scheduling Order shall remain in full force and effect, including, but not limited, to the trial date
schedul~d

for January 26, 2009. Counsel for the Plaintiff and counsel for the Defendants have sent a copy of the

6.

proposed StipUlation and Order Regarding Discovery Deadlines to their respective clients. WHEREFORE, the Plaintiff respectfully request that the Court enter an Order approving the the Joint Stipulation. Dated: Wilmington, Delaware June 23, 2008 ZUCKERMANSPAEDERLLP /s/ Virginia Whitehill GuIdi Thomas G. Macauley (lD No. 3411) Virginia W. GuIdi (ill No. 2792) 919 Market Street, Suite 990 P.O. Box 1028 Wilmington, DE 19899 (302) 427-0400 Counsel for G&G LLC
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CERTIFICATE OF SERVICE

I, Virginia Whitehill GuIdi, hereby certify that on this 23rd day of June, 2008, I caused a copy of the foregoing to be served by first class mail, postage pre-paid, on the following: Michael A. Weidinger (ID No. 3330) 500 Delaware Ave., Suite 1500
P.O. Box 2306
Wilmington, DE 19899


lsi Virginia Whitehill GuIdi Virginia W. GuIdi (ill No. 2792)

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