Michael Taylor Designs, Inc. v. Travelers Property Casualty Company of America

Filing 16

STIPULATION AND ORDER SETTING BRIEFING AND HEARING SCHEDULES FOR CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT. Motion Hearing set for 9/9/2010 01:30 PM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 7/14/10. (cl, COURT STAFF) (Filed on 7/14/2010)

*E-Filed 7/14/10* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, a Connecticut corporation, Defendant. MICHAEL TAYLOR DESIGNS, INC., a California corporation, Plaintiff, CASE NO. C10-02432-RS STIPULATED REQUEST FOR AN ORDER SETTING BRIEFING AND HEARING SCHEDULES FOR CROSSMOTIONS FOR PARTIAL SUMMARY JUDGMENT Former Hearing Date: August 5, 2010 New Hearing Date: September 9, 2010 Time: 1:30 p.m. Judge: Hon. Richard Seeborg Court: Courtroom 3, 17th Floor SEDGWICK, DETERT, MORAN & ARNOLD LLP BRUCE D. CELEBREZZE Bar No. 102181 [e-mail] MATTHEW C. LOVELL Bar No. 189728 [e-mail] One Market Plaza Steuart Tower, 8th Floor San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Travelers Property Casualty Company Of America GAUNTLETT & ASSOCIATES David A. Gauntlett (SBN 96399) James A. Lowe (SBN 214383) Andrew M. Sussman (SBN 112418) 18400 Von Karman, Suite 300 Irvine, California 92612 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff Michael Taylor Designs, Inc. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

PLEASE TAKE NOTICE THAT counsel for defendant Travelers Property Casualty Company of America ("Travelers") and plaintiff Michael Taylor Designs, Inc. ("MTD") agree and
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Stipulated Request for an Order Setting Briefing/Hearing Schedules re Cross-Motions for Partial Summary Judgment

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stipulate as follows: 1. 2. WHEREAS, MTD filed this action on June 2, 2010, WHEREAS, on June 9, 2010, this matter was reassigned to Hon. Richard Seeborg

for all further proceedings, and is set for an initial case management conference on October 7, 2010, 3. WHEREAS, on June 14, 2010, MTD filed its motion for partial summary judgment

and set it for hearing on August 5, 2010, 4. 5. WHEREAS, Travelers filed its answer to MTD's complaint on June 30, 2010, WHEREAS, Travelers has not filed its opposition to MTD's motion, but has advised

MTD that Travelers will file an opposition to MTD's motion for partial summary judgment, and, concurrently, a cross-motion for partial summary judgment, that will address the same issues raised in MTD's motion, i.e., whether or not Travelers breached any duty to defend MTD in certain underlying litigation, 6. WHEREAS, the parties agree that the cross-motions should be considered together

by the Court after a single hearing, and 7. WHEREAS, the parties have agreed on a briefing and hearing schedule that would

provide for a hearing date of Thursday, September 9, 2010 for MTD's motion and Travelers' crossmotion, NOW, THEREFORE, THE PARTIES STIPULATE, AND REQUEST THE COURT TO ORDER, AS FOLLOWS: 1. 2. The August 5, 2010 hearing date for MTD's motion shall be vacated, The hearing date for the parties' motion and cross-motion for partial summary

judgment shall be Thursday, September 9, 2010, 3. Travelers shall file its combined opposition to MTD's motion/Travelers' cross-

motion on Thursday, August 5, 2010 (35 days before the hearing date), 4. MTD shall file its opposition to Travelers' motion/MTD's reply in support of

MTD's motion on Thursday, August 19, 2010 (21 days before the hearing date), and ///
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5.

Travelers shall file its reply in support of its cross-motion on Thursday, August 26

(14 days before the hearing date). IT IS SO STIPULATED

DATED: July 14, 2010

SEDGWICK, DETERT, MORAN & ARNOLD LLP

By:

/s/ Matthew C. Lovell Bruce D. Celebrezze Matthew C. Lovell Attorneys for Defendant Travelers Property Casualty Company of America

DATED: July 14, 2010

GAUNTLETT & ASSOCIATES

By:

/s/ James A. Lowe David A. Gauntlett James A. Lowe Andrew M. Sussman Attorneys for Plaintiff Michael Taylor Designs, Inc.

ATTESTATION OF FILING Pursuant to General Order 45.X.B, I attest that I have obtained concurrence in the filing of this document from the parties listed above. /s/ Matthew C. Lovell Matthew C. Lovell

IT IS SO ORDERED:

____________________________________ RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 7/14/10 DATED: ________________________

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Stipulated Request for an Order Setting Briefing/Hearing Schedules re Cross-Motions for Partial Summary Judgment