Free Stipulation - District Court of Delaware - Delaware

Case 1 :05-cv-00048-SLR Document 355 Filed O2/O9/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HITACHI, LTD., and HITACHI AUTOMOTIVE )
PRODUCTS (USA), INC., )
Plaintiffs, )
)
v. ) Civil Action No. 05-048-SLR
)
BORGWARNER INC., and )
BORGWARNER MORSE TEC INC., )
)
Defendants. )

)
BORGWARNER INC., )
)
Counterclaimant, )
)
v. )
)
HITACHI, LTD., and HITACPH AUTOMOTIVE )
PRODUCTS (USA), INC., )
)
Counterdefendants. )
STIPULATED ORDER
WHEREAS, on December 20, 2006, the parties to this action entered into a memorandum
of understanding of basic terms to settle their disputes;
WHEREAS, on January 8, 2007, the Court entered a Stipulated Order (D.I. 354)
extending by 30 days all currently scheduled dates and deadlines in this action, and requiring the
parties to report on their progress in completing the necessary formal settlement agreement
documentation on or shortly after February 21, 2007; and
WHEREAS, the parties believe an additional two week extension of certain deadlines
would facilitate their efforts toward completing the formal settlement agreement documentation;

Case 1 :05-cv-00048-SLR Document 355 Filed 02/09/2007 Page 2 of 2
I IT IS HEREBY STIPULATED AND AGREED, subject to the approval and order of the
Court, that: (i) the due date for responses to Daubert motions is extended to March 1, 2007; (ii)
the date for the pa1ties’ exchange of lists of rebuttal fact witness to be called at trial is extended
to March 7, 2007; and (iii) the deadline to depose any witness who was identified during
discovery and included on either party’s list of fact witnesses or rebuttal fact witnesses to be
called at trial, but who was not previously deposed, is extended to April 7, 2007.
ASHBY & GEDDES MORRIS JAMES LLP
/s/ John G. Day /s/ Mary B. Matterer
Steven J. Balick (I.D. #2114) Richard K. Herrmann (I.D. #405)
John G. Day (I.D. #2403) Lewis H. Lazarus (I.D. #2374)
Tiffany Geyer Lydon (I.D. #3950) Mary B. Matterer (I.D. #2696)
500 Delaware Ave., 8th Floor 500 Delaware Avenue, Suite 1500
P.O. Box 1150 P.O. Box 2306
Wilmington, DE 19899 Wilmington, DE 19899
(302) 654-1888 (302) 888-6800
Attorneys for Plaintyjfs Attorneys for Defendants
SO ORDERED, this day of , 2007.
Chief Judge
177506.1
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