Free Stipulation - District Court of Delaware - Delaware

Case 1:06-cv-00593-JJF

Document 48

Filed 06/25/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) Plaintiff, ) ) ) v. ) ) CIBA SPECIALTY CHEMICALS ) CORPORATION, a Delaware Corporation, ) ) Defendant. ) ) CIBA SPECIALTY CHEMICALS ) CORPORATION, a Delaware Corporation, ) ) Plaintiff, ) v. ) ) 3V, INC., a Delaware Corporation, ) ) Defendant. ) ) CIBA SPECIALTY CHEMICALS ) CORPORATION, a Delaware Corporation, ) ) Cross-Plaintiff, ) v. ) ) 3V, INC., a Delaware Corporation, ) ) Cross-Defendant. ) ) 3V, INC., a Delaware Corporation,

C.A. No. 06-00593-JJF

C.A. No. 06-00672-JJF

C.A. No. 06-00629-JJF

JOINT STIPULATION AND ORDER TO STAY THE PROCEEDINGS AND SUSPEND DATES SET FORTH IN NOVEMBER 16, 2007 ORDER 3V, Inc. ("3V") on the one side and CIBA Specialty Chemicals Corporation ("CIBA") on the other side (collectively, the "Parties") have agreed to the following terms and conditions, subject to the approval of the Court:

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Case 1:06-cv-00593-JJF

Document 48

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WHEREAS, on or about November 16, 2007, the Court entered a Second Order Modifying Rule 16 Scheduling Order (D.I. 30 [06-00593]) and (D.I. 29 [06-00629 and 06-00672]) (the "Order"); WHEREAS, the Order did not include a trial date or a date for a pretrial conference; WHEREAS, on or about March 27, 2008, 3V filed a Motion to Dismiss for Lack of Subject Matter Jurisdiction (D.I. 34 [06-00593]) and (D.I. 33 [06-00629 and 0600672]) in the above-captioned actions; WHEREAS, the Motion to Dismiss is fully briefed and is pending before the Court; WHEREAS, CIBA believes that discovery should continue pending resolution of the Motion to Dismiss; WHEREAS, 3V believes that the Motion to Dismiss negates the need for further discovery; WHEREAS, rather than litigate the issue of whether discovery should continue at this time, the Parties have agreed to stay the above-captioned matters and suspend all dates set forth in the Order pending the Court's resolution of the Motion to Dismiss, NOW THEREFORE, the Parties stipulate and agree, subject to the approval of the Court, to stay these cases and suspend the dates set forth in the Order until such time that the Court resolves the Motion to Dismiss.

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Case 1:06-cv-00593-JJF

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Dated: June 25, 2008

/s/ Joseph Grey Joseph Grey (#2358) [email protected] STEVENS & LEE, P.C. 1105 North Market Street, Seventh Floor Wilmington, DE 19801 (302) 654-5180 Angelica M. Colwell NEXSEN PRUET, LLC P.O. Box 486 205 King Street, Suite 400 Charleston, SC 29401 Counsel for 3V, Inc.

Dated: June 25, 2008

/s/ Chad M. Shandler Frederick L. Cottrell, III (#2555) [email protected] Chad M. Shandler (#3796) [email protected] Richards LAYTON & FINGER One Rodney Square P.O. Box 551 Wilmington, DE 19899 (302) 651-77000 Alan E.J. Branigan Brion Heaney Michael Culver Millen White Zelano & Branigan, P.C. 2200 Clarendon Boulevard Suite 1400 Arlington, VA 22201 Attorneys for CIBA Specialty Chemicals Corporation

IT IS SO ORDERED this ____ day of __________,2008

_________________________________ United States District Judge

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