Nissan Fire and Marine Insurance Company Ltd. et a v. Bax Global Inc

Filing 232

ORDER GRANTING 231 Stipulation to Set Further Case Management Conference. Signed by Judge Jeffrey S. White on June 12, 2009. (jswlc3, COURT STAFF) (Filed on 6/12/2009)

Case3:02-cv-02516-JSW Document231 1 2 3 4 5 6 7 8 9 10
LAW OFFICES OF GEORGE W. NOWELL 120 Montgomery Street, Suite 1990 San Francisco, CA 94104
Phone: [phone] Fax: [phone]

Filed06/11/09 Page1 of 3

GEORGE W. NOWELL, SBN: 83868 [e-mail] PAUL B. ARENAS, SBN: 167863 [e-mail] LAW OFFICES OF GEORGE W. NOWELL 120 Montgomery Street, Suite 1990 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant: BAX GLOBAL, INC. MICHAEL J. CUMMINS, SBN: 184181 [e-mail] GIBSON ROBB & LINDH LLP 100 First Street, 27th Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs: THE NISSAN FIRE AND MARINE INSURANCE COMPANY, LTD., and HITACHI DATA SYSTEMS CORP. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION) THE NISSAN FIRE AND MARINE INSURANCE COMPANY, LTD., AND HITACHI DATA SYSTEMS CORP., Plaintiffs, v. BAX GLOBAL, INC., AND CATHAY PACIFIC AIRWAYS, LTD., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: C 02-02516 JSW JOINT STATUS REPORT AND STIPULATION TO SET A FURTHER CASE MANAGEMENT CONFERENCE; ORDER

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Following the Court's issuance of its order dated May 12, 2009, the parties have been engaged in settlement discussions for purposes of trying to globally resolve the case, which discussions specifically include the attorney's fees amount.
1 .
JOINT STATUS REPORT AND STIPULATION TO SET FURTHER CMC (C02-02516 JSW)

In the event that such discussions

P061109-1451

Case3:02-cv-02516-JSW Document231 1 2 3 4 5 6 7 8 9 10
LAW OFFICES OF GEORGE W. NOWELL 120 Montgomery Street, Suite 1990 San Francisco, CA 94104
Phone: [phone] Fax: [phone]

Filed06/11/09 Page2 of 3

do not result in a settlement, plaintiffs THE NISSAN FIRE AND MARINE INSURANCE COMPANY, LTD., and HITACHI DATA SYSTEMS CORP., (collectively `NISSAN" or "Plaintiffs"), will then file a motion to the Court for the amount of attorney's fees it seeks in this case, which may in turn result in defendant BAX GLOBAL INC. ("defendant" or "BAX") filing an opposition to same. As the parties would like sufficient time to try and resolve this issue prior to filing any submissions to the Court, the parties, through their respective counsel, stipulate and request that the Court set a further case management conference for July 10, 2009 (or some other later date convenient to the Court's calendar) to either set a hearing date and a briefing schedule on the attorney's fee motion if the case is not settled or refer this case out for a settlement conference if the parties agree. Further, while the Court has not entered judgment on its May 12, 2009 order and while the parties believe that the 30 day period for filing a notice of appeal has not yet started to run, BAX has some concern that it may be later determined that the 30 day period for filing an appeal started to run on May 12, 2009. As a result, BAX, out of an abundance of caution, may file a notice of appeal prior to June 12, 2009 so as to ensure that it does not lose its rights to later file an appeal should this case not be resolved. IT IS SO STIPULATED. Dated: June 11, 2009 LAW OFFICES OF GEORGE W. NOWELL

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

By:

S/ PAUL B. ARENAS PAUL B. ARENAS Attorneys for Defendant BAX GLOBAL, INC.

2 .
JOINT STATUS REPORT AND STIPULATION TO SET FURTHER CMC (C02-02516 JSW) P061109-1451

Case3:02-cv-02516-JSW Document231 1 2 3 4 5 6 7 8 Dated: June 11, 2009

Filed06/11/09 Page3 of 3

GIBSON ROBB & LINDH

S/ MICHAEL J. CUMMINS MICHAEL J. CUMMINS Attorneys for Plaintiff THE NISSAN FIRE AND MARINE INSURANCE COMPANY, LTD., AND HITACHI DATA SYSTEMS CORP.,

By:

ORDER The Court HEREBY SETS a further case management conference for July 17, 2009 at 1:30 p.m. 10 IT IS SO ORDERED.
LAW OFFICES OF GEORGE W. NOWELL 120 Montgomery Street, Suite 1990 San Francisco, CA 94104
Phone: [phone] Fax: [phone]

9

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DATED:_______________________ June 12, 2009

_______________________ HON. JEFFREY S. WHITE U.S. DISTRICT COURT JUDGE

3 .
JOINT STATUS REPORT AND STIPULATION TO SET FURTHER CMC (C02-02516 JSW) P061109-1451