Free Motion for Extension of Time - District Court of Delaware - Delaware

Case 1:05-cv-00737-JJF Document 6 Filed O4/07/2006 Pagei of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
THE DOW CHEMICAL COMPANY, )
Plaintiff, ;
v. l C.A. No. 05-737-JJF
NOVA CHEMICALS CORPORATION ;
(CANADA), AND NOVA CHEMICALS INC. )
(DELAWARE), )
Defendants. g
PLAINTIFF’S UNOPPOSED MOTION FOR
ENLARGEMENT OF TIME TO EFFECT SERVICE
Pursuant to Federal Rules of Civil Procedure 4(m) and 6(b), plaintiff, The Dow
Chemical Company, moves for an order, in the form attached hereto, extending the period for
service of the summons and complaint upon defendants in this action through and including
June 21, 2006. The grounds for this motion are:
1. This action was filed on October 21, 2005. Rule 4(m) permits 120 days to
serve the summons and the complaint. That time has been extended previously by agreement of
the parties and approval of the Court (D.I. 4 & 5).
2. In order to facilitate settlement discussions, plaintiff has not served the
complaint upon defendants. Since the filing of the complaint, the parties have been actively
discussing settlement of this case.
3. Plaintiff believes that an additional sixty (60) days to serve the summons
and complaint, thereby extending the period for service through and including June 21, 2006,
will allow the parties to further pursue settlement discussions without requiring them to incur the

Case 1:05-cv-00737-JJF Document 6 Filed O4/07/2006 Page 2 of 4
costs and expense of litigation. Defendants have advised plaintiff that they do not oppose the
extension sought.
4. Rules 4(m) and 6(b) provide that the Court, in its discretion, may enlarge
the time for cause shown.
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
z
Rodger D mith II ( 3778)
1201 N. arket Street
P.O. Box 1347
Wilmington, DE 19899-1347
(302) 658-9200
Attorneys for Plaintiff
The Dow Chemical Company
OF COUNSEL:
Harry J. Roper
Steven R. Trybus
Joseph F. Marinelli
J ENNER & BLOCK LLP
One IBM Plaza
Chicago, IL 60611
(312) 222-9350
April 7, 2006
504524

Case 1:05-cv-00737-JJF Document 6 Filed O4/07/2006 Page 3 of 4
RULE 7.1.1 CERTIFICATION
Plaintiff has discussed the subject of the foregoing motion with defendants, and
defendants do not oppose the relief requested.
Z R r D. Smith II
April 7, 2006

Case 1:05-cv-00737-JJF Document 6 Filed 04/07/2006 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
THE DOW CHEMICAL COMPANY, )
)
Plaintiff] ) C.A. No. 05-737 (JJF)
)
v. )
)
NOVA CHEMICALS CORPORATION )
(CANADA), AND NOVA CHEMICALS INC. )
(DELAWARE), )
)
Defendants. )
ORDER
The Court, having considered Plaintiffs Unopposed Motion for Enlargement of
Time to Effect Service;
IT IS HEREBY ORDERED that the time in which plaintiff The Dow Chemical
Company may effect service of process of the summons and complaint is extended until June 21,
2006.
Dated this day of , 2006.
United States District Judge