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

Filing 31

STIPULATION AND ORDER TO VACATE INITIAL CASE MANAGEMENT CONFERENCE. Signed by Judge Richard Seeborg on 9/28/10. (cl, COURT STAFF) (Filed on 9/28/2010)

*E-Filed 9/28/10* 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 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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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

MICHAEL TAYLOR DESIGNS, INC., a California corporation, Plaintiff, v. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, a Connecticut corporation, Defendant.

CASE NO. C10-02432-RS STIPULATED REQUEST FOR AN ORDER TO VACATE INITIAL CASE MANAGEMENT CONFERENCE Conference Date: Time: Judge: Court: October 7, 2010 10:00 a.m. Hon. Richard Seeborg Courtroom 3, 17th Floor

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CASE NO. C10-02432-RS

STIPULATED REQUEST FOR AN ORDER TO VACATE INITIAL CASE MANAGEMENT CONFERENCE

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stipulate as follows, and request that the Court enter an order approving said stipulation, which would vacate the case management conference currently set for October 7, 2010. 1. 2. WHEREAS, MTD filed this insurance coverage action on June 2, 2010, WHEREAS, on June 9, 2010, this matter was reassigned to this department for all

further proceedings, and is set for an initial case management conference on October 7, 2010, 3. WHEREAS, MTD and Travelers each filed motions for summary judgment

regarding the issue of whether or not Travelers owed a duty to defend MTD in conjunction with certain underlying litigation; 4. WHEREAS, the Court heard argument on the parties' cross-motions on September

9, 2010, and took the motions under submission; 5. WHEREAS, the parties agree that if the Court grants Travelers' motion and denies

MTD's motion, the case will terminate and a Case Management Conference and all related party conferences will not be necessary; 6. WHEREAS, the parties also believe that a meaningful Case Management

Conference cannot occur until the scope of the issues remaining to be decided thereafter, if any, is ascertained; 7. WHEREAS, in the interest of saving time, money, and the Court's resources, the

parties request that the October 7, 2010 case management conference and all related deadlines be vacated, and, to the extent necessary, any such deadlines be re-set in conjunction with a new case management conference to be set by the Court following the issuance of the ruling on the duty to defend issue; NOW, THEREFORE, THE PARTIES STIPULATE, AND REQUEST THE COURT TO ORDER, AS FOLLOWS: 1. 2. The October 7, 2010 case management conference is vacated, and All ancillary deadlines associated with the October 7, 2010 case management

conference (including but not limited to any obligations under Federal Rule of Civil Procedure 26) be vacated pending further order of the Court after it has ruled on the pending motions. \\\
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CASE NO. C10-02432-RS

STIPULATED REQUEST FOR AN ORDER TO VACATE INITIAL CASE MANAGEMENT CONFERENCE

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IT IS SO STIPULATED DATED: September 28, 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: September 28, 2010

GAUNTLETT & ASSOCIATES

By:

/s/ Andrew M. Sussman 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 ORDER Pursuant to the Stipulation set forth above, and good cause appearing, IT IS SO ORDERED. The Case Management Conference previously set for October 7, 2010 at 10:00 a.m. in this department, and all related ancillary deadlines, are vacated. A new Case Management Conference date and related deadlines may be ordered as necessary after the Court has ruled on MTD's and Travelers' pending summary judgment motions.

____________________________________ RICHARD SEEBORG UNITED STATES DISTRICT JUDGE DATED: ________________________ 9/28/10
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CASE NO. C10-02432-RS

STIPULATED REQUEST FOR AN ORDER TO VACATE INITIAL CASE MANAGEMENT CONFERENCE