National Union Fire Insurance Company of Pittsburgh, PA v. Payless Shoe Source, Inc. et al

Filing 15

STIPULATION AND ORDER EXTENDING TIME TO ANSWER re 14 Stipulation filed by National Union Fire Insurance Company of Pittsburgh, PA. Signed by Judge Edward M. Chen on 7/14/11. (bpf, COURT STAFF) (Filed on 7/14/2011)

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SEDGWICK LLP
BRUCE D. CELEBREZZE Bar No. 102181
[e-mail]
NICHOLAS J. BOOS Bar No. 233399
[e-mail]
One Market Plaza
Steuart Tower, 8th Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
NATIONAL UNION FIRE INSURANCE COMPANY OF
PITTSBURGH, PA.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA.,
Plaintiff,

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STIPULATION FOR FURTHER
EXTENSION OF TIME TO RESPOND TO
COMPLAINT ; ORDER

v.

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Case No. CV 11 1892 EMC

PAYLESS SHOE SOURCE, INC. and
COLLECTIVE BRANDS, INC.,

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Defendants.

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Pursuant to Civil Local Rule 6-1(a) for the Northern District of California, Plaintiff

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National Union Fire Insurance Company of Pittsburgh, PA and Defendants, Payless Shoe

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Source, Inc. and Collective Brands, Inc. (collectively, with Plaintiff, the “Parties”), by their

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undersigned attorneys, stipulate to a further extension of time for Defendants to answer, move, or

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otherwise respond to the Complaint in this matter, without waiver of any rights, claims or

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defenses, including the right to seek further extensions.

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SF/2278978v1

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Case No. CV 11 1892 DMR
STIPULATION FOR FURTHER EXTENSION OF TIME TO RESPOND TO COMPLAINT

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On May 26, 2011, the Parties submitted to the Court a Stipulation to Extend Time to

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Respond to Complaint, extending Defendants’ time to respond to the Complaint through July 19,

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2011. (ECF No. 8.) Pursuant to Civil Local Rule 6-1(a), the parties by and through their

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counsel, stipulate to a further extension of time, as follows:

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1.

for Declaratory Relief on or before August 18, 2011 (the “Response Date”);

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Defendants shall answer, move, or otherwise respond to Plaintiff’s Complaint

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This extension does not alter the date of any event or any deadline already fixed

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by Court order, as all such deadlines were vacated pursuant to the Court’s

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Reassignment Order (ECF No. 13);

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3.

Defendants agree not to commence any action, or maintain any proceedings,

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against Plaintiff in any other jurisdiction in connection with the claims in this

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action at any time prior to the Response Date; provided, however, that this

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stipulation does not limit in any way Defendants’ right or ability to commence

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an action or maintain proceedings, against Plaintiff in connection with the

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claims in this action on or after the Response Date;

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4.

By entering into this Stipulation, the Parties do not waive, and expressly

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preserve, any and all rights, claims and defenses, including all defenses relating

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to jurisdiction, venue and arbitrability.

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SF/2278978v1

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Case No. CV 11 1892 DMR
STIPULATION FOR FURTHER EXTENSION OF TIME TO RESPOND TO COMPLAINT

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Respectfully submitted,

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Dated: July 13, 2011

Dated: July 13, 2011

/s/ Robert A. Sacks
Robert A. Sacks (SBN 150146)
([e-mail])
SULLIVAN & CROMWELL LLP
1888 Century Park East
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]

/s/ Nicholas J. Boos
Bruce D. Celebrezze (SBN 102181)
([e-mail])
Nicholas J. Boos (SBN 233399)
([e-mail])
SEDGWICK LLP
One Market Plaza,
Steuart Tower, 8th Floor
San Francisco, California 94102
Telephone: [phone]
Facsimile: [phone]

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Sverker K. Högberg (SBN 244640)
([e-mail])
SULLIVAN & CROMWELL LLP
1870 Embarcadero Road
Palo Alto, California 94303
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff
National Union Fire Insurance Company of
Pittsburgh, PA

Attorneys for Defendants,
Payless Shoe Source, Inc. and Collective
Brands, Inc.

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IT IS SO ORDERED:

S

________________
D
RDERE
Edward M. Chen
IS SO O
IT
U.S. District Judge

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SF/2278978v1

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Case No. CV 11 1892 DMR
STIPULATION FOR FURTHER EXTENSION OF TIME TO RESPOND TO COMPLAINT

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I, Nicholas J. Boos, am the ECF User whose ID and password are being used to file this

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Stipulation To Extend Time To Respond To The Complaint. In compliance with General Order

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45, X.B., I hereby attest that Robert A. Sacks and Sverker K. Högberg have concurred in this

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filing.

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Dated: July 13, 2011

/s/ Nicholas J. Boos
Nicholas J. Boos

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SF/2278978v1

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Case No. CV 11 1892 DMR
STIPULATION FOR FURTHER EXTENSION OF TIME TO RESPOND TO COMPLAINT