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`IN THE UNITED STATES DISTRICT COURT
`FOR DISTRICT OF DELAWARE
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`) Civil Action No. 1:20-cv-518-LPS
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`) JURY TRIAL DEMANDED
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`AMERANTH, INC.
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`Plaintiff,
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`v.
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`OLO INC.
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`Defendant.
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`STIPULATION & [PROPOSED] ORDER REGARDING
`MOTIONS FOR FEES AND COSTS
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`Plaintiff Ameranth, Inc. and Defendant Olo Inc., by and through their counsel of record,
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`hereby stipulate, subject to the approval of the Court, in view of the Federal Circuit’s Rule 36
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`affirmance of this Court’s decision granting with prejudice Defendant's motion to dismiss and
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`entering judgment in favor of Defendant (D.I. 34):
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`1.
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`In the event Plaintiff files a petition for writ of certiorari at the U.S. Supreme Court
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`and such petition is unsuccessful, the deadline for filing any petition, bill, and/or motion for
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`recovery of attorneys’ fees or costs under Federal Rule of Civil Procedure 54(d) or for taxation of
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`costs under D. Del. LR 54.1 is hereby tolled until 28 days after a decision from the U.S. Supreme
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`Court issues, Plaintiff’s opposition shall be due 28 days thereafter, and Defendant’s reply shall be
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`due 14 days thereafter.
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`2.
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`In the event Plaintiff does not file a petition for writ of certiorari at the U.S. Supreme
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`Court, then the deadline for filing any petition, bill, and/or motion for recovery of attorneys’ fees
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`or costs under Federal Rule of Civil Procedure 54(d) or for taxation of costs under D. Del. LR 54.1
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`is hereby tolled until 28 days after the deadline upon which a petition for writ of certiorari was due
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`Case 1:20-cv-00518-GBW Document 36 Filed 11/23/21 Page 2 of 2 PageID #: 796
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`(which deadline is currently January 6, 2022), Plaintiff’s opposition shall be due 28 days thereafter,
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`and Defendant’s reply shall be due 14 days thereafter.
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`3.
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`The parties otherwise reserve all rights with respect to filing or opposing any such
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`petition, bill, and/or motion under Federal Rule of Civil Procedure 54(d) or for taxation of costs
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`under D. Del. LR 54.1.
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`STAMOULIS & WEINBLATT LLC
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`/s/ Richard C. Weinblatt
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`Stamatios Stamoulis (#4606)
`Richard C. Weinblatt (#5080)
`800 N. West Street, Third Floor
`Wilmington, DE 19801
`(302) 999-1540
`stamoulis@swdelaw.com
`weinblatt@swdelaw.com
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`Attorneys for Plaintiff Ameranth, Inc
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`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
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`/s/ Karen Jacobs
`_____________________________________
`Jack B. Blumenfeld (#1014)
`Karen Jacobs (#2881)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@mnat.com
`kjacobs@mnat.com
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`Attorneys for Defendant Olo Inc.
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`SO ORDERED this ___ day of _________________, 2021.
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`____________________________________
`UNITED STATES DISTRICT JUDGE
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`2
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