Free Notice of Appeal (Third Circuit) - District Court of Delaware - Delaware

Case 1:99-cv-00255-SLR

Document 291

Filed 02/29/2008

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NOTICE OF APPEAL TO U.S. COURT OF APPEALS, THIRD CIRCUIT

U.S. District Court for the District of Delaware CIRCUIT COURT DOCKET NUMBER:___________

FULL CAPTION IN DISTRICT COURT AS FOLLOWS:

HOWARD HESS DENTAL LABORATORIES INCORPORATED and PHILIP GUTTIEREZ d/b/a Dentures Plus, on behalf of themselves and all others similarly situated, Plaintiffs, v. DENTSPLY INTERNATIONAL, INC., Defendant

DISTRICT COURT DOCKET NUMBER: 99-255-SLR

DISTRICT COURT JUDGE: SUE L. ROBINSON

Notice is hereby given that Howard Hess Dental Laboratories Incorporated, and Philip Guttierez d/b/a Dentures Plus, plaintiffs in the above named case, hereby appeal to the United States Court of Appeals for the Third Circuit from the Final Judgment entered on February 13, 2008 (D.I. 290), the Memorandum Opinion and Order entered on September 26, 2007 (D.I. 271, 272), and the Memorandum Opinion and Order signed on January 8, 2008, and entered on January 9, 2008 (D.I. 285, 286). Plaintiffs are filing this notice of appeal simultaneously with their filing another notice of appeal in the related case, Jersey Dental Laboratories f/k/a Howard Hess Dental Laboratories Incorporated, et al. v. Dentsply International, Inc., et al., Civ. No. 01-267. Plaintiffs previously appealed other orders in these two cases simultaneously, and, on that prior occasion, the two appeals were consolidated by the Third Circuit. See Third Circuit's Docket, Case Nos. 04-1979

Case 1:99-cv-00255-SLR

Document 291

Filed 02/29/2008

Page 2 of 2

and 04-1980. Both of the current appeals--the one in Hess, and the one in Jersey Dental-- appeal from, among other things, different parts of the same Memorandum Opinion and Order, entered in both cases, on September 26, 2007. See Exhibits B and C, attached hereto. A true and correct copy of the Final Judgment, entered on February 13, 2008 (D.I. 290), is attached hereto as Exhibit A. True and correct copies of the Memorandum Opinion and Order entered on September 26, 2007 (D.I. 271, 272), are attached hereto as Exhibits B and C. True and correct copies of the Memorandum Opinion and Order entered on January 9, 2008 (D.I. 285, 286), are attached hereto as Exhibits D and E. Dated: February 29, 2008 /s/ Scott M. Tucker Pamela S. Tikellis (#2172) Robert J. Kriner (#2546) Scott M. Tucker (#4925) CHIMICLES & TIKELLIS LLP One Rodney Square P.O. Box 1035 Wilmington, DE 19801 (302) 656-2500 Local Counsel for Plaintiffs-Appellants Thomas A. Dubbs Richard T. Joffe LABATON SUCHAROW 140 Broadway New York, NY 10005 (212) 907-0700 Lead Counsel for Plaintiffs-Appellants William D. Johnston (#2123) Christian Douglas Wright (#3354) YOUNG CONAWAY STARGATT & TAYLOR, LLP The Brandywine Building 1000 West Street, 17th Floor P.O. Box 391 Wilmington, DE 19899-0391 (302) 571-6600 Local Counsel for Defendant-Appellee Margaret M. Zwisler Eric J. McCarthy LATHAM & WATKINS LLP 555 Eleventh St., NW, Suite 1000 Washington, DC 20004-1304 (202) 637-2200 Lead Counsel for Defendant-Appellee

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