National Union Fire Insurance Co. of Pittsburgh, PA et al v. Seagate Technology, Inc.

Filing 398

FURTHER CASE MANAGEMENT ORDER. Signed by Judge Alsup on April 5, 2013.. (whalc1, COURT STAFF) (Filed on 4/5/2013)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, et al., Plaintiffs, 12 13 14 15 No. C 04-01593 WHA FURTHER CASE MANAGEMENT ORDER v. SEAGATE TECHNOLOGY, INC., Defendant. / 16 17 In this action involving insurers’ obligation to defend their insured, prior orders granted 18 summary judgment in favor of plaintiffs/counterclaim defendants and entered judgment against 19 defendant/counterclaimant. Based on the parties’ summary judgment briefing, these orders 20 appeared to dispose of the entire action. After filing a notice of appeal, however, defendant 21 moved for relief from judgment under Rule 60(b) because there was still an issue lurking in the 22 case. A prior order granted defendant’s Rule 60(b) motion, or in the alternative, stated that it 23 would provide such relief following remand from our court of appeals. 24 25 26 The parties appeared for a case management conference on April 4. At the hearing, the parties identified not one, but several disputes and motions they might pursue. This action is now nine years old. It is time to bring it to a close. Both sides shall file 27 any and all motions for further relief of any type by NOON ON APRIL 25, 2013, to be heard on a 28 normal 35-day track. Any issues, dispositive or otherwise, not clearly identified and teed-up for decision as of that date shall be deemed WAIVED. The parties are advised that their prior 1 practice suggesting that further relief may be necessary depending on the outcome of future 2 motions will not be sufficient to avoid dismissal. 3 4 IT IS SO ORDERED. 5 6 Dated: April 5, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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