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

Filing 20

STIPULATION AND ORDER RESETTING CMC TO 10/7/11 re 19 Stipulation filed by Collective Brands, Inc., Payless Shoe Source, Inc.. Signed by Judge Edward M. Chen on 7/28/11. (bpf, COURT STAFF) (Filed on 7/28/2011)

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Robert A. Sacks (SBN 150146)
([e-mail])
SULLIVAN & CROMWELL LLP
1888 Century Park East
Los Angeles, California 90067
Telephone:
[phone]
Facsimile:
[phone]
Sverker K. Högberg (SBN 244640)
([e-mail])
SULLIVAN & CROMWELL LLP
1870 Embarcadero Road
Palo Alto, California 94303
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
PAYLESS SHOE SOURCE, INC, and
COLLECTIVE BRANDS, INC.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA.,
Plaintiff,

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

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Defendants.
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Case No. CV 11-01892-EMC
JOINT STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE AND
RELATED DEADLINES

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STIPULATION AND [PROPOSED] ORDER CONTINUING CMC DEADLINES
CASE NO. CV 11-1892-EMC

Pursuant to Civil Local Rules 6-1(b), 6-2, and 7-12 for the Northern District of

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California, Defendants Payless Shoe Source, Inc. and Collective Brands, Inc. and Plaintiff National

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Union Fire Insurance Company of Pittsburgh, PA (collectively, with Defendants, the “Parties”), by and

4 through their respective counsel, submit this Joint Stipulation and [Proposed] Order Continuing Case
5 Management Conference and Related Deadlines.
WHEREAS, on April 19, 2011, Plaintiff filed its Complaint (Docket Entry (hereinafter,

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7 “D.E.”) 1);

WHEREAS, on May 26, 2011, the Parties entered into a stipulation extending

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9 Defendants’ time to answer, move, or otherwise respond to the Complaint until July 19, 2011 (D.E. 8);
WHEREAS, on July 13, 2011, the Parties entered into a stipulation further extending

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11 Defendants’ time to answer, move, or otherwise respond to the Complaint until August 18, 2011 (D.E.
12 14), which the Court so-ordered on July 14, 2011 (D.E. 15);
WHEREAS, on July 19, 2011, the Court entered a Case Management Conference Order

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14 in Reassigned Cases that (1) set a case management conference for August 19, 2011 (the “Case
15 Management Conference”), (2) directed the Parties to file a joint case management statement by August
16 12, 2011, and (3) directed the Parties to make any request to reschedule the Case Management
17 Conference, if at all, in writing and by stipulation no later than August 9, 2011 (D.E. 16);
WHEREAS, pursuant to Civil Local Rule 26(f), the Parties must meet and confer prior to

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19 the Case Management Conference no later than July 29, 2011;
WHEREAS, the Parties currently are engaged in settlement discussions and wish to

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21 continue the Case Management Conference and related deadlines in order to avoid incurring
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unnecessary costs and expending unnecessarily the Court’s time;
NOW, THEREFORE, THE PARTIES JOINTLY STIPULATE TO, AND REQUEST

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THE COURT TO ORDER, THE FOLLOWING:
1.

The Case Management Conference shall be continued until September 23, 2011, or until
another, later date to be chosen by the Court;

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STIPULATION AND [PROPOSED] ORDER CONTINUING CMC DEADLINES
CASE NO. CV 11-1892-EMC

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2.

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case management statement by August 12, 2011 shall be vacated and rescheduled

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The currently-scheduled deadlines to meet and confer by July 29, 2011 and to file a joint

pursuant to the date set for the rescheduled Case Management Conference;
3.

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By entering into this Stipulation, the Parties do not waive, and expressly preserve, any
and all rights, claims and defenses, including all defenses relating to jurisdiction, venue

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and arbitrability.

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Respectfully submitted,

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Dated: July 27, 2011

Dated: July 27, 2011

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

/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]

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

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

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STIPULATION AND [PROPOSED] ORDER CONTINUING CMC DEADLINES
CASE NO. CV 11-1892-EMC

PURSUANT TO STIPULATION, AND FOR GOOD CAUSE SHOWN, IT IS SO

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ORDERED. The CMC is reset from 8/19/11 to 10/7/11 at 9:00 a.m. A joint CMC Statement shall
be filed by 9/30/11.
S DISTRICT
Dated: __________________________
7/28/11
TE
C
EDWARD M. CHEN
TA
UNITED STATES DISTRICT JUDGE

UNIT
ED

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STIPULATION AND [PROPOSED] ORDER CONTINUING CMC DEADLINES
CASE NO. CV 11-1892-EMC

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I, Robert A. Sacks, am the ECF User whose ID and password are being used to file this
Joint Stipulation and [Proposed] Order Continuing Case Management Conference and Related
Deadlines. In compliance with General Order 45, X.B., I hereby attest that Bruce D. Celebrezze has
concurred in this filing.

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Dated: July 27, 2011
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/s/ Robert A. Sacks
Robert A. Sacks

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STIPULATION AND [PROPOSED] ORDER CONTINUING CMC DEADLINES
CASE NO. CV 11-1892-EMC