1. Silverstein has not yet filed his opposition to the Microsystems Defendants' Motion to Dismiss, which the Court converted to a motion for summary judgment. Given the briefing schedule set by the Court, the Microsystems Defendants respectfully submit this motion prospectively to strike any evidence submitted in opposition to the motion concerning the parties' settlement negotiations.

2. "Microsystems Defendants" as used herein shall refer collectively to all defendants. "Previous Superior Court Action" as used herein shall refer to William Silverstein v. Microsystems Software, Inc., et al., Middlesex Superior Court Action No. 98-4820, which is Silverstein's previous action against the Microsystems Defendants. "Second Complaint" as used herein shall refer to the most recent complaint filed by Silverstein in this action.