Free Proposed Order - District Court of Delaware - Delaware

Case 1 :04-cv-01325-SLR Document 31 Filed O3/28/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re:
PEREGRINE SYSTEMS, INC., Q Q.,
Debtors.
)
AW Treuhand GmbH )
Wirtschaftspriitiingsgesellschaft ) .
Steuerberatmgsgesellschah, )
formerly known as Arthur Andersen )
Wirtschaftsprtifungsgesellschaft )
Steuerberahmgsgesellschaft mbH, )
)
Appellant, )
)
v. ) C.A. No. 04-1325 (SLR)
)
Peregrine Systems, Inc., )
)
Appellee. )
SECOND STIPULATED ORDER TO STAY BRIEFING SCHEDULE ON MOTION FOR
RECONSIDERATION BASED ON ANTICIPATED SETTLEMENT
WHEREAS On October ll, 2005, Appellant AW Treuhand GMBH
Wiftschaftsprufungsgesellschatt Steuerberatungsgesellschaft, formerly known as Arthur
Andersen Wirtschaftsprtiftmgsgesellschaft Steuerberamngsgesellschaft rnbH ("AWT") filed its
motion for reconsideration (the "Motion") of this Court’s September 29, 2005 Order (the
"Order"), and
WHEREAS, on October 28, 2005, AWT and Appellee, Peregrine Litigation Trust as
successor in interest to Peregrine Systems, Inc., (‘LParties") tiled a Stipulated order To Stay
Briefing Schedule On Motion For Reconsideration Based On Anticipated Settlement which was
So Ordered by the Court on November I, 2005 ("First Stay Order"), and
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Case 1 :04-cv-01325-SLR Document 31 Filed O3/28/2006 Page 2 ot 4
WHEREAS, pursuant to the First Stay Order, the Parties had until March 3 1, 2006 to
consummate the anticipated settlement that would render the Motion moot or to notify the Court
as to the status of the settlement process or to request the Court to set an appropriate response
deadline for a response to the Motion; and
WHEREAS, the anticipated settlement has not yet been consummated due to some small
procedural problems; and
WHEREAS, the Parties anticipate that the settlement will be consummated by the end of
June, 2006; and
WHEREAS the parties further stipulate that the Motion should not be considered or
further briefed because it will likely become moot upon the final documentation and court
approval of a pending class settlement. Iffor any reason the settlement is not finalized and
approved, the Parties will notify the Court and negotiate a reasonable briefing schedule;
IT IS HEREBY STIPULATED AND AGREED, subject to the approval of the Court, as
follows: .
l. All matters -pertaining to this appeal shall be stayed until the settlement is _
consummated or upon further order of the Court. Appellee shall not be required to Ele a
response to the Motion at this time.
2. If the settlement is not consummated by July 14, 2006, then the parties shall notify the
Court as to the status of the settlement process or request the Court to set an appropriate response
deadline for a response to the Motion.
3. The Appellee agrees that it will not use or enforce the Court’s September 29, 2005
Order in any way until the Court has ruled on Appellant’s Motion.
2
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Case 1 :04-cv-01325-SLR Document 31 Filed O3/28/2006 Page 3 of 4
Dated: Marclni}, 2006
REED SMITH LLP
Kimberly E.C. éniirison, Esq. (No. 3966)
1201 Market Street, Suite 1500
Wilmington, DE 19801-1163
(302) 778-7500
..a1‘-ld-
YETTER & WARDEN, LLP
R. Paul Yetter, Esq.
Autry W. Ross, Esq.
909 Fannin, Suite 3600
Houston, TX 77010
Counsel for Appellee PEREGRINE
SYSTEMS, INC.
FERRY, JOSEPH & PEARCE, P.A.
Theodore J. Tacconelli (No. 2678)
824 Market Street, Suite 904
P.O. Box 1351
Wilmington, DE 19899
(302) 575-1555
-g_Hd-
Paul E. Summit, Esq.
Sullivan & Worcester LLP
One Post Office Square -
Boston MA 02109
(617) 338-2800
-3Hd-
3
[B0457049; 2 ;

Case 1 :04-cv-01325-SLR Document 31 Filed O3/28/2006 Page 4 of 4
Utz P. Toepke, Esq.
Law Ofiice of Utz P. Toepke
70 W. Red Oak Lane A
White Plains, NY 10604
(9l4)697—479l
-g_md-
John Morrell, Esq.
Higgs, Fletcher & Mack LLP
401 West “A" Street, Suite 2600
San Diego, CA 92101
(619) 236-1551
Attorneys for Appellant AW Treuband
GmbH Wirtschaftsprtiftmgsgesellschaft
' Steuerberamngsgesellschaft,
formerly known as Arthur Andersen
Wirtschaftsprttftmgsgesellschaft
Steuerberamaigsgesellschaft 1nbH
Dated:
SO ORDERED:
The Honorable Sue L. Robinson, Chief Judge
United States District Court
I 4
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