Free Stipulation - District Court of Delaware - Delaware

Case 1 :05-cv-00300-JJF Document 89 Filed 05/31 /2006 Page 1 of 2
A IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Creedon Controls, Inc., a Delaware corporation, )
) C. A. No. 05CV300 (JIF)
Plaintiff, )
)
v. )
)
Banc One Building Corporation, an Illinois ) NON-ARBITRATION CASE
corporation; and Forest Electric Corporation, a )
New York corporation, )
)
Defendants. )
STIPULATION
REGARDING MOTIONS TO AMEND DEFENDANTS’
ANSWERS, D.E. 59 AND 64, AND AMENDMENT TO COMPLAINT
IT IS HEREBY STIPULATED AND AGREEED, by and between counsel for the
undersigned parties, as follows:
1. Plaintiff Creedon Controls, Inc. (hereinafter "Plaintiff") shall be permitted to
amend its Complaint in such form as is attached hereto (without exhibits) as Exhibit A (the
"Amended Complaint").
2. Defendants, Banc One Building Corporation and Forest Electric Corporation
(hereinafter "Defendants"), do not oppose the filing of the Amended Complaint, but otherwise
A reserve all defenses, objections, as well as the right to file any further answer or motions with
regard to the allegations made in the Amended Complaint, in accordance with the Federal Rules
of Civil Procedure and consistent with the Scheduling Order entered by the Court on July 29,
2005.
3. Plaintiff withdraws its opposition to Defendants’ Amended Answers (D.E. 66 and
67) and, as a result, Defendants’ Motions to Amend their Answers (D. E. 59 and 64) are hereby
withdrawn, and need not be resolved by the Court. p p
\_,$

Case 1 :05-cv-00300-JJF Document 89 Filed 05/31 /2006 A Page 2 of 2
4. Plaintiff shall file its Amended Complaint and Defendants shall file their
Amended Answers within three business days of the date of this Stipulation. Defendants shall
thereafter answer, plead or otherwise respond to the Amended Complaint within the time
allowed by the Federal Rules of Civil Procedure.
Cohen, Seglias, Pallas, Greenhall & Furman,

V 1
Robert K. Beste, Jr., Esq. (I. D. No. 154)
» Edward Seglias, Esq. (I. D. No. 2822)
1007 Orange Street, Nemours Bldg., Suite 1130
Wilmington, DE 19801
(302) 425-5089
Attorneys for Plaintiff, Creedon Controls, Inc.
McCarter & English, LLP `
Paul A. Bradley, gsq. D. No. 2156)
James J. Freebery, Esq. (3498)
Christopher A. Selzer, Esq. (4305)
919 N. Market Street, Suite 1800
P. O. Box 1 11
Wilmington, DE 19899
(302) 984-6300
Attorneys for Defendant, Forest Electric
Corporation
. Ashby & Geddes E
Lawrence C. Ashby sq. (I. D. No. 468)
Philip Trainer, Jr., Esq. (I. D. No. 2788)
_ _ Ashby & Geddes
222 Delaware Avenue — P. O. Box 1150
. . A Wilmington, DE 19899
. . A 1 (302) 654-1888
g Attorneys for Banc One Building Corporation
c c c 2