IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

 

MLEA, INC., : 

 : CIVIL ACTION 

 Plaintiff, : 

 : 

 v. : No. 02-CV-4393 

 : 

ATLANTIC RECYCLED RUBBER : 

INC., RECOVERY TECHNOLOGIES : 

GROUP INC., AND CASELLA : 

WASTE SYSTEMS, INC. : 

 : 

 Defendants. :

JOINT STIPULATION TO PERMIT AMENDMENT 

OF DEFENDANTS' RESPECTIVE ANSWERS AND AFFIRMATIVE DEFENSES

IT IS HEREBY STIPULATED AND AGREED, by and among the parties to this 

action, through their undersigned attorneys, that defendants Casella Waste Systems, Inc. 

("Casella") and defendants Atlantic Recycled Rubber, Inc. and Recovery Technologies Group, 

Inc. (collectively, "RTG") may amend their respective Answers and Affirmative Defenses to 

assert an additional Affirmative Defense, as set forth in Exhibits "A" and "B", respectively. The 

parties further STIPULATE and AGREE as follows: 

1. The deadlines set forth in the Court's Scheduling Order dated October 26, 2002, 

as amended on July 9, 2003 and September 10, 2003, will remain in full force and effect; 

2. Plaintiff MLEA has already stated that it will deny the new Affirmative Defense 

being asserted by Casella and RTG; 

3. Plaintiff MLEA reserves all rights to move to dismiss or otherwise challenge the 

allegations in the new Affirmative Defense; and 

Case 2:02-cv-04393-JS Document 13 Filed 11/24/2003 Page 1 of 3
4. Upon the Court’s signing of this Stipulation, defendants Casella and RTG agree 

that they will file their respective Amended Answers within one business day of receiving notice 

of the Court’s signing this Stipulation. 

Respectfully submitted, 

 

PEPPER HAMILTON LLP 

By:_______________________________ 

Dated: ___________________________

 Philip J. Katauskas, Esquire 

 3000 Two Logan Square 

 18th & Arch Streets 

 Philadelphia, PA 19103-2799 

 (215) 981-4314 

 Attorney for Plaintiff MLEA, Inc. 

ECKERT SEAMANS CHERIN & 

 MELLOT, LLC 

By:__________________________________ 

Dated: ___________________________ 

 John F. O'Riordan, Esquire 

 Heather E. Rennie, Esquire 

 1515 Market Street, 9th Floor 

 Philadelphia, PA 19102 

 (215) 851-8400 

 Attorney for Defendants Atlantic Recycled 

 Rubber, Inc. and Recovery Technologies 

 Group, Inc. 

BUCHANAN INGERSOLL PC 

By:__________________________________ 

Dated: ___________________________ 

 Brian J. McCormick, Jr., Esquire 

 1835 Market Street, 14th Floor 

 Philadelphia, PA 19103-2985 

 (215) 665-8700 

 Attorneys for Defendant Casella Waste 

 Systems, Inc. 

APPROVED AND SO ORDERED BY THE COURT: 

DATED: 

 James McGirr Kelly, J. 

- - 2

Case 2:02-cv-04393-JS Document 13 Filed 11/24/2003 Page 2 of 3
CERTIFICATE OF SERVICE

 I, Brian J. McCormick, Jr., hereby certify that on November __, 2003, I caused to be 

served a true and correct copy of the foregoing Stipulation via first-class mail upon the 

following: 

Philip J. Katauskas 

Pepper Hamilton LLP 

3000 Two Logan Square 

18th & Arch Streets 

Philadelphia, PA 19103-2799 

Heather E. Rennie 

Eckert Seamans Cherin & Mellott, LLC 

1515 Market Street, Ninth Floor 

Philadelphia, PA 19102 

 

 Brian J. McCormick, Jr. 

Case 2:02-cv-04393-JS Document 13 Filed 11/24/2003 Page 3 of 3