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

Case 1:07-cv-00426-GMS

Document 33

Filed 03/18/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE KENNETH J. MARINO, Plaintiff, v. CROSS COUNTRY BANK and APPLIED CARD SYSTEMS, INC., Defendants. THIRD STIPULATED ORDER EXTENDING TIME WHEREAS, by agreed Rule 16 Scheduling Order (D.I. 30) entered by the Court on December 20, 2007, the Court set the deadline for the parties to exchange pre-discovery disclosures as January 31, 2008; WHEREAS, by Stipulated Order Extending Time (D.I. 31) so ordered by the Court on January 30, 2008 and Second Stipulated Order Extending Time (D.I. 32) so ordered by the Court on February 21, 2008, the Court extended the deadline for the parties to exchange pre-discovery disclosures until February 21, 2008 and then until March 20, 2008 to allow the parties to continue with the mediation process through the Appellate Mediation Program for the United States Court of Appeals for the Third Circuit and in which mediation the parties are attempting to reach a global resolution of all disputes between the parties, including this action; WHEREAS, the parties have not yet concluded the mediation process and, on March 17, 2008, plaintiff, Kenneth J. Marino provided to defendants a written global settlement proposal; WHEREAS, the parties desire to avoid the expense of preparing pre-discovery disclosures that will be unnecessary if a global resolution of all disputes is reached through the Third Circuit mediation; C.A. No. 07-426-JJF

Case 1:07-cv-00426-GMS

Document 33

Filed 03/18/2008

Page 2 of 2

WHEREAS, a brief extension of the deadline to exchange pre-discovery disclosures will not affect the remainder of the deadlines in the Rule 16 Scheduling Order. THEREFORE, the parties stipulate, subject to approval of the Court, that the deadline to exchange pre-discovery disclosures pursuant to Fed. R. Civ. P. 26(a)(1) and D. Del. LR 16.2 shall be extended until April 21, 2008.

GIBSON & PERKINS, P.C.

OBERLY, JENNINGS & RHODUNDA, P.A.

/s/ Kevin W. Gibson Kevin W. Gibson (No. 2025) 1326 King Street Wilmington, DE 19801 610-565-1708 ­ Telephone 610-565-4358 ­ Facsimile [email protected]

/s/ Karen V. Sullivan Charles M. Oberly, III (No. 743) Karen V. Sullivan (No. 3872) 1220 Market Street, Suite 710 P.O. Box 2054 Wilmington, DE 19899-2054 302-576-2000 ­ Telephone 302-576-2004 ­ Facsimile [email protected] [email protected]

It is SO ORDERED this _____ day of _______________________, 2008.

United States District Judge

2

Case 1:07-cv-00426-GMS

Document 33-2

Filed 03/18/2008

Page 1 of 1