Free Proposed Order - District Court of Delaware - Delaware

Case 1 :05-cv-00048-SLR Document 257 Filed 08/23/2006 Page 1 of 3 (
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., ) I
)
Defendants. S)
..)
)
BORGWARNER H\IC., )
)
Counterclaimant, )
· )
V- )
)
HITACHI, LTD., and HITACHI AUTOMOTIVE ) .
PRODUCTS (USA), INC., ) I
) 1
Counterdefendants. )
STIPULATED ORDER
WHEREAS, opening expert reports in the above action are due Wednesday, August 23,
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2006, _
WHEREAS, BorgWarner and Hitachi each served amended claim construction proposals
in July; ,
WHEREAS, BorgWamer served a second amended proposed claim construction on I
Monday, August 21, 2006; 1
WHEREAS, Hitachi’s experts used BorgWarner’s previous claim construction to prepare
their opening expert reports, and they now need time to analyze BorgWamer’s second amended l
construction and re-draft their opening reports; and l

Case 1 :05-cv-00048-SLR Document 257 Filed 08/23/2006 Page 2 of 3
WHEREAS, a two-week extension of the deadlines for expert reports and discovery
would allow sufficient time for Hitachi’s experts to address BorgWarner’s most recent claim
construction amendments, would preserve the amounts of time that have been allocated for the
preparation of answering expert reports and the completion of expert discovery in the current
case schedule, and would not impact any of the remaining dates in the current case schedule;
now therefore,
IT IS HEREBY STIPULATED AND AGREED, subject to the approval and order of the
Court, as follows: I
1. The deadlines for service of opening and answering expert reports, and for the
completion of expert discovery, all are extended by two weeks, to the following dates: “
opening expert reports 9-6-06
answering expert reports 10-5-06
expert discovery cut-off 10-30-06
2. The current case schedule otherwise shall be unaffected hereby and shall remain i
in full force and effect.
ASHBY & GEDDES MORRIS JAMES HITCHZENS & WILLIAMS LLP A
/s/ Steven J Balick /s/Mary B. Matterer

Jolm G. Day (I.D. #2403) Lewis H. Lazarus (I.D. #2374)
Tiffany Geyer Lydon (I.D. #3950) Mary B. Matterer (I.D. #2696) .
222 Delaware Ave., 17th Floor 222 Delaware Avenue, 10th Floor
P.O. Box 1150 P.O. Box 2306
Wilmington, DE 19899 Wilmington, DE 19899
(302) 654-1888 (302) 888-6800 ,
Attorneys Plaintyfs Attorneys for Defendants
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Case 1:05-cv-00048-SLR Document 257 Filed 08/23/2006 Page 3 of 3 1
SO ORDERED, this day of , 2006.
Chief Judge
172410.1 `
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