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

Filing 414

ORDER STAYING ACTION - Motions terminated: 402 MOTION for Partial Summary Judgment of Breach of Contract Against National Union filed by Seagate Technology, Inc., 401 MOTION To Reinstate Final Judgment filed by N ational Union Fire Insurance Co. of Pittsburgh, PA, American International Underwriters Insurance Company., Further Case Management Conference set for 7/11/2013 11:00 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Alsup on May 7, 2013.. (whalc1, COURT STAFF) (Filed on 5/7/2013)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 11 For the Northern District of California United States District Court 10 12 NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, et al., Plaintiffs, 13 14 15 16 No. C 04-01593 WHA ORDER STAYING ACTION v. SEAGATE TECHNOLOGY, INC., Defendant. / 17 18 An order dated May 1 ordered the parties to show cause why this action should not be 19 stayed in light of National Union’s appeal of a Rule 60 motion that paved the way for this action 20 to move forward. In their responses to the order to show cause, the parties dispute whether this 21 Court currently has jurisdiction and whether the action should proceed. Whether jurisdiction 22 now exists appears to turn on whether jurisdiction was proper over the Rule 60 motion, which is 23 the subject of National Union’s appeal. 24 All proceedings in the district court are hereby STAYED pending clarification from the 25 court of appeals as to which court has jurisdiction over this case. The current hearing date on the 26 parties’ pending motions is VACATED. This ruling is without prejudice to refiling after a ruling 27 and/or remand by the court of appeals. This is also without prejudice to any party petitioning for 28 review of the March 27 order under Section 1292(b). 1 2 3 4 The parties shall appear for a further case management conference on JULY 11 AT 11:00 A.M. The parties shall submit a joint case management statement by JULY 3 AT NOON. The parties are also ORDERED to provide copies of this order to the court of appeals by MAY 9 AT NOON. 5 6 IT IS SO ORDERED. 7 8 Dated: May 7, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 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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