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

Case 1:05-cv-00346-SLR

Document 98

Filed 03/29/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MOBIUS MANAGEMENT SYSTEMS, INC., Plaintiff, v. ACARTUS, INC. and EMC CORPORATION, Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No. 05-346 SLR

STIPULATION AND ORDER WHEREAS, by Order dated December 5, 2006 (D.I. 93), all summary judgment motions must be served and filed with opening briefs no later than April 2, 2007, and WHEREAS, the Court entered an Amended Scheduling Order on March 28, 2007 (D.I. 97) that answering briefs on summary judgment shall be served and filed no later than April 30, 2007 and reply briefs on summary judgment shall be served and filed no later than May 14,2007; and resetting the Pretrial Conference for July 23, 2007 at 4:30 PM; WHEREAS, counsel need additional time to file opening and answering summary judgment briefs due to scheduling issues; and WHEREAS, the parties have agreed to the extension below that will not impact the date by which reply briefs must be filed and served; IT IS HEREBY STIPULATED AND AGREED by plaintiff Mobius Management Systems, Inc. and defendants Acartus, Inc. and EMC, Corporation ("Acartus") through their undersigned counsel, and subject to the approval of the Court, that: 1. The date by which Acartus may file and serve summary judgment motions

and opening briefs is extended to and including April 5, 2007.

Case 1:05-cv-00346-SLR

Document 98

Filed 03/29/2007

Page 2 of 2

2.

The date by which Mobius may file and serve answering briefs in

opposition to summary judgment is extended to and including May 3, 2007. 3. The date by which Acartus may file and serve reply briefs in support of

summary judgment motions shall remain May 14, 2007. PROCTOR HEYMAN LLP MORRIS, NICHOLS, ARSHT & TUNNELL LLP

/s/ Patricia L. Enerio (#3728) Kurt M. Heyman (# 3054) Patricia L. Enerio (#3728) 1116 West Street Wilmington, DE 19801 302.472.7300 OF COUNSEL: Randy Lipsitz Jonathan M. Wagner Marjorie E. Sheldon KRAMER LEVIN NAFTALIS & FRANKEL LLP 1177 Avenue of the Americas New York, NY 10036 212.715.9100 Attorneys for Plaintiff Mobius Management Systems, Inc.

/s/ James W. Parrett, Jr. (#4292) Mary B. Graham (#2256) James W. Parrett, Jr. (#4292) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19801 302.658.9200 OF COUNSEL: Robert S. Frank Jr. Paul D. Popeo G. Mark Edgarton CHOATE, HALL & STEWART LLP Two International Place Boston, MA 02110 617.248.5000 Attorneys for Defendants Acartus, Inc. and EMC Corporation

SO ORDERED THIS ____ day of ________, 2007

_______________________________________ The Honorable Sue L. Robinson Unites States District Court Judge
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