Actuate Corporation v. Aon Corporation et al

Filing 182

ORDER RE STIPULATED EXTENSION re 181 Notice (Other) filed by Actuate Corporation. Signed by Judge Alsup on September 17, 2012. (whalc1, COURT STAFF) (Filed on 9/17/2012)

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KILPATRICK TOWNSEND & STOCKTON LLP
JAMES G. GILLILAND, JR. (State Bar No. 107988)
MEHRNAZ BOROUMAND SMITH (State Bar No. 197271)
ROBERT D. TADLOCK (State Bar No. 238479)
BYRON R. CHIN (State Bar No. 259846)
Two Embarcadero Center Eighth Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail], [e-mail]
[e-mail], [e-mail]
Attorneys for Plaintiff
ACTUATE CORPORATION

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FOLEY & LARDNER LLP
EILEEN R. RIDLEY (State Bar No. 151735)
PATRICK T. WONG (State Bar No. 233222)
ALAN R. OUELLETTE (State Bar No. 272745)
555 California Street, 17th Floor
San Francisco, CA 94104-1520
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]; [e-mail]; [e-mail]

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FOLEY & LARDNER LLP
JOHN R. LANDIS (Admitted pro hac vice)
321 North Clark Street, Suite 2800
Chicago, IL 60654-5313
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendants
AON CORPORATION and TWG WARRANTY GROUP, INC.

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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ACTUATE CORPORATION,

Case No. CV10-5750WHA

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Plaintiff,
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v.
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AON CORPORATION, a Delaware
corporation and THE WARRANTY GROUP,
INC., a Delaware corporation,

NOTICE OF SETTLEMENT IN
PRINCIPLE AND JOINT STIPULATED
REQUEST TO EXTEND PENDING
DEADLINES AND [PROPOSED] ORDER
Judge:

Hon. William Alsup

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Defendants.
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NOTICE OF SETTLEMENT IN PRINCIPLE AND JOINT STIPULATED REQUEST TO EXTEND PENDING
DEADLINES AND [PROPOSED] ORDER
Case No. CV10-5750-WHA
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Plaintiff Actuate Corporation (“Actuate” or “Plaintiff”), and Defendant TWG WARRANTY
GROUP, INC. (“TWG”) hereby stipulate and agree as follows:
WHEREAS, the parties have agreed to a settlement in principle to resolve all pending issues
in action;
WHEREAS, the amount of attorney’s fees and costs to be awarded to TWG is the only
outstanding issue remaining in this action;
WHEREAS, the Court has ordered the parties to file declarations in support of, and in

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opposition to the amount of attorney’s fees and costs (Dkt. No. 176) and to subsequently meet and

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confer regarding the same;

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WHEREAS, the parties seek to avoid potentially unnecessary briefing pending resolution of
this action;
WHEREAS, the parties have agreed to continue all proceedings in this action pending

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finalization of the settlement agreement and accordingly are seeking an order from the Court

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permitting a limited 10-day extension of the remaining deadlines in the case;

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WHEREAS, the parties’ requested extension of time will not affect any other upcoming
deadlines in this case, nor will it prejudice either Actuate or TWG; and
WHEREAS, the parties have previously only sought two short extensions of time in this

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case: (1) a 10-day extension of the deadlines for completion of fact witness depositions and

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designations of experts which was granted by the Court on May 14, 2012 and (2) a 9-day extension

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of the deadline to complete expert discovery which was granted on May 15, 2012.

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NOW, THEREFORE, the parties, by and through their respective counsel of record, hereby

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stipulate and respectfully request that the Court issue an order under Civil L.R. 6-2 postponing all

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upcoming deadlines in this case by ten days, such that:

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(1)

Actuate’s Opposition to TWG’s August 31, 2012 Declaration, currently due on

September 14, 2012, shall be filed and served no later than September 24, 2012,
(2)

The deadline for the parties to meet and confer over differences as to the amount of

attorney’s fees, currently September 28, 2012, shall be rescheduled to October 8, 2012,
(3)

The deadline for TWG to file and serve a declaration in the event that the parties

NOTICE OF SETTLEMENT IN PRINCIPLE AND JOINT STIPULATED REQUEST TO EXTEND PENDING
DEADLINES AND [PROPOSED] ORDER
Case No. CV10-5750-WHA
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cannot resolve their differences in their meet and confer, currently September 28, 2012, shall be

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rescheduled to October 8, 2012, and

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(4)

The deadline for the parties to advise the Court that a special master is needed,

currently September 28, 2012, shall be rescheduled to October 8, 2012.

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DATED: September 14, 2012

Respectfully submitted,
KILPATRICK TOWNSEND & STOCKTON LLP

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By: /s/ James G. Gilliland, Jr.

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JAMES G. GILLILAND, JR.

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Attorneys for Plaintiff
ACTUATE CORPORATION

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DATE: SEPTEMBER 14, 2012

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FOLEY & LARDNER LLP
EILEEN R. RIDLEY
JOHN R. LANDIS
PATRICK T. WONG
ALAN R. OUELLETTE

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BY: /S/ EILEEN R. RIDLEY
EILEEN R. RIDLEY

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ATTORNEYS FOR DEFENDANT
TWG WARRANTY GROUP, INC.

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IT IS SO ORDERED.

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DATED: September 17, 2012.

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THE HONORABLE WILLIAM ALSUP
UNITED STATES DISTRICT COURT JUDGE

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64545680v.1

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NOTICE OF SETTLEMENT IN PRINCIPLE AND JOINT STIPULATED REQUEST TO EXTEND PENDING
DEADLINES AND [PROPOSED] ORDER
Case No. CV10-5750-WHA
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