Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-00831-SLR Document 119 Filed 02/21 /2008 Page 1 of 2
Potter
M And€rS()n Peter J. Walsh, Jr.
L C()l”l°O()1"1 ILP Famer
[email protected]
302 984-6037 Direct Phone
131:; North Marta stm 302 658-1192 Fax
PO. Box 951
w’mnmgm, on 19899-0951
302 98+ com
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February 21, 2008
VIA ELECTRONIC FILING
The Honorable Sue L. Robinson
U. S. District Court for the District of Delaware
844 North King Street, Lock Box 31
Wilmington, Delaware 19801
Re: Paul Kuck v. Veritas Software, et al.
USDC {D. Del.) C.A. N0. 04-831 {SLR)
Dear Judge Robinson:
This letter addresses the Court’s February 13, 2008 Order (D.I. 118), which sets a
February 28 and March 21, 2008 schedule for respective party submissions regarding Defendant
Veritas Software Corp.’s ("Veritas") September 19, 2007 summary judgment motion (D.I. 107).
Defendants Veritas, Edwin Gillis and Gary Bloom write to inform the Court that
Defendants and Plaintiffs have agreed to a settlement in principle subject only to confirmatory
discovery and preparation of applicable settlement documentation. As the parties are diligently
moving forward to complete settlement, Defendants respectfully request relief from the February
28 and March 21, 2008 dates. Defendants have met and conferred with Plaintiffs; both parties
are in agreement that the dates specified in the Court’s February 13, 2008 should be continued in
light of the settlement in principle.
The parties previously stipulated to a summary judgment briefing schedule. (D.I. 117,
"so ordered" Dec. 11, 2007). Under that schedule, Plaintiffs’ responsive brief is due on or before
April 1, 2008 and Veritas’s reply brief is due on or before May 1, 2008. In view of the Court’s
February 13th Order, Defendants understand that the Court is requiring different party
submissions before allowing further briefing. Thus, in the event the parties do not consummate
settlement, Defendants respectfully propose that Veritas’s submission be due on April 15 and
Plaintiffs’ on May 15.

Case 1:04-cv-00831-SLR Document 119 Filed O2/21/2008 Page 2 of 2
The parties are available to respond to any questions from the Court.
Respectfully,
P Walsh, Jr. Q o. 2437)
KLD:mnt/848438/28298
cc: Clerk of Court (via hand delivery)
Counsel of Record (via electronic filing)
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Case 1:04-cv-00831-SLR

Document 119

Filed 02/21/2008

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Case 1:04-cv-00831-SLR

Document 119

Filed 02/21/2008

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