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

Case 1:06-cv-00213-GMS

Document 13

Filed 08/04/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE In re: ) ) GARDEN RIDGE CORPORATION, et al., ) ) Debtors. ) ) _______________________________ ) ) DANIEL FERGUSON, ) ) Appellant, ) ) v. ) ) GARDEN RIDGE CORP., et al ) ) Appellees. ) Chapter 11 Case No. 04-10324 (KJC)

(Jointly Administered)

Case No. 06-CV-00213 (GMS)

THIRD STIPULATED ORDER EXTENDING BRIEFING SCHEDULE WHEREAS, on February 20, 2006, Daniel Ferguson, appellant herein ("Ferguson") filed the instant appeal ("Appeal") from the Memorandum of Opinion and Order ("Order") and related Judgment ("Judgment") of the Bankruptcy Court, entered on February 14, 2006 [Bankr. D.I. Nos. 2064, 2066] in the above-captioned bankruptcy cases of Garden Ridge Corporation, et al., the above-captioned appellees (collectively, "Garden Ridge"); and WHEREAS, pursuant to the Second Stipulated Order Extending Briefing Schedule, Appellant's Opening Brief was filed on June 30, 2006 and Appellees' Answering Brief was filed on July 20, 2006, and WHEREAS, on July 24, 2006, William D. Sullivan, the primary attorney handling this matter for Appelllant, relocated his practice from Buchanan Ingersoll & Rooney to

Case 1:06-cv-00213-GMS

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his own law firm, William D. Sullivan, LLC, and Appellant has expressed his intention to have his file transferred from Buchanan Ingersoll & Rooney to William D. Sullivan, LLC; and WHEREAS, contemporaneous with the filing of this stipulation, Appellant's counsel is filing a substitution of counsel reflecting Appellant's intent as set forth above, and pursuant to the file transfer procedures between Buchanan Ingersoll & Rooney and William D. Sullivan, LLC, undersigned counsel for the Appellant received a copy of the file in this matter on Wednesday, August 2, 2006; NOW, THEREFORE, based on the foregoing, it is hereby stipulated by undersigned counsel that the time period for Appellant to file the Reply Brief shall be extended to August 11, 2006.

Dated: Wilmington, Delaware August 4, 2006 WILLIAM D. SULLIVAN, LLC

Dated: Wilmington, Delaware August 4, 2006 YOUNG CONAWAY STARGATT & TAYLOR, LLP

/s/ William D. Sullivan William D. Sullivan (Del. Bar No. 2820) 4 East 8th Street, Suite 400 Wilmington, DE 19801 telephone: (302) 428-8191 facsimile: (302) 428-8195

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Counsel for Appellant

/s/ Joseph M. Barry Pauline K. Morgan (Del. Bar No. 3650) Joseph M. Barry (Del. Bar No. 4221) The Brandywine Building 1000 West Street, 17th Floor Wilmington, DE 19899 Telephone: (302) 571-6600 Facsimile: (302) 571-1253 Counsel for Appellees

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(order on following page)

Case 1:06-cv-00213-GMS

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Filed 08/04/2006

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SO ORDERED THIS _________ day of _____________, 2006.

Hon. Gregory M. Sleet United States District Judge