Free Stipulation - District Court of Delaware - Delaware

Case 1:05-cv-00048-SLR

Document 354

Filed 01/05/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

HITACHI, LTD., and HITACHI AUTOMOTIVE ) PRODUCTS (USA), INC., ) Plaintiffs, ) ) v. ) ) BORGWARNER INC., and ) BORGWARNER MORSE TEC INC., ) ) Defendants. ) __________________________________________) ) BORGWARNER INC., ) ) Counterclaimant, ) ) v. ) ) HITACHI, LTD., and HITACHI AUTOMOTIVE ) PRODUCTS (USA), INC., ) ) Counterdefendants. )

Civil Action No. 05-048-SLR

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, which requires the parties to enter into a formal settlement agreement no later than eight weeks after December 20, 2006, or no later than February 20, 2007; WHEREAS, no trial date is currently scheduled; and WHEREAS, the parties are currently devoting their attention and resources to preparing the necessary formal settlement agreement documentation and fully expect to complete the final agreement by the agreed date of February 20, 2007; now therefore,

Case 1:05-cv-00048-SLR

Document 354

Filed 01/05/2007

Page 2 of 2

IT IS HEREBY STIPULATED AND AGREED, subject to the approval and order of the Court, that all currently scheduled dates and deadlines in this action are extended by 30 days. On or shortly after February 21, 2007, counsel shall submit a report to the Court setting forth: (i) the status of the parties' efforts to finalize their settlement; and (ii) counsels' views as to whether a further extension of dates would be productive. The parties currently have pending a request to move the March 9, 2007, Markman hearing/summary judgment motion hearing date. The parties therefore ask that the Court move that hearing date by 30 days, or to a date in April 2007 that is convenient to the Court.

ASHBY & GEDDES /s/ Tiffany Geyer Lydon _________________________________ Steven J. Balick (I.D. #2114) John G. Day (I.D. #2403) Tiffany Geyer Lydon (I.D. #3950) 500 Delaware Ave., 8th Floor P.O. Box 1150 Wilmington, DE 19899 (302) 654-1888 Attorneys for Plaintiffs

MORRIS JAMES LLP /s/ Richard K. Herrmann __________________________________________ Richard K. Herrmann (I.D. #405) Lewis H. Lazarus (I.D. #2374) Mary B. Matterer (I.D. #2696) 500 Delaware Avenue, Suite 1500 P.O. Box 2306 Wilmington, DE 19899 (302) 888-6800 Attorneys for Defendants

SO ORDERED, this _______ day of _______________________, 2007.

Chief Judge
176613.1

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