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

Filing 28

STIPULATION AND ORDER RESETTING CMC re 26 Stipulation filed by Collective Brands, Inc., Payless Shoe Source, Inc. Case Management Conference set for 2/10/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 10/3/11. (bpf, COURT STAFF) (Filed on 10/3/2011)

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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 SHOESOURCE, 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.,

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Plaintiff,
vs.
PAYLESS SHOESOURCE, INC. and
COLLECTIVE BRANDS, INC.,
Defendants.

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

Judge: Honorable Edward M. Chen

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SULLIVAN
&
CROMWELL LLP

JOINT STIPULATION & [PROPOSED] ORDER
CASE NO. CV 11-1892-EMC

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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 ShoeSource, Inc. and Collective Brands, Inc. and Plaintiff National

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

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and through their respective counsel, submit this Joint Stipulation and [Proposed] Order Continuing

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Case Management Conference and Related Deadlines.

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WHEREAS, on July 28, 2011, the Court entered an order scheduling a Case Management

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Conference for October 7, 2011 and requiring the Parties to file a joint case management statement by

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September 30, 2011 (D.E. 20);

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WHEREAS, on September 22, 2011 the Court entered an order referring this matter to
private ADR to take place within 120 days (D.E. 24);

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WHEREAS, the Parties have discharged their obligation to meet and confer;

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WHEREAS, the Parties desire to resolve their dispute in the private ADR that has been

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ordered by the Court;

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WHEREAS, in order to avoid incurring unnecessary costs and expending the Court’s

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time unnecessarily, the Parties wish to continue the Case Management Conference and related deadline

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to file a joint case management statement until after the conclusion of private ADR, in the event it does

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not result in the resolution of this dispute;

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NOW, THEREFORE, THE PARTIES JOINTLY STIPULATE TO, AND REQUEST
THE COURT TO ORDER, THE FOLLOWING:

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1.

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The Case Management Conference shall be continued until 30 days after
conclusion of the private ADR to which the Court has referred this matter;

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2.

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The currently-scheduled deadline to file a joint case management statement by
September 30, 2011 shall be vacated and rescheduled;

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3.

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

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

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jurisdiction, venue and arbitrability.

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SULLIVAN
&
CROMWELL LLP

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JOINT STIPULATION & [PROPOSED] ORDER
CASE NO. CV 11-1892-EMC

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Respectfully submitted,

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Dated: September 29, 2011

Dated: September 29, 2011

/s/ Bruce D. Celebrezze
Bruce D. Celebrezze (SBN 102181)
([e-mail])
SEDGWICK LLP
333 Bush Street, 30th FloorSan Francisco, California
94104
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]

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

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

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

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***

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10/7/11 to 2/10/12 at 9:00 a.m. A joint CMC Statement shall be filed by 2/3/12.

10/3/11
19 Dated: ___________________________

S

RT
U
O

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S DISTRICT
TE
C
THE HONORABLE EDWARD M. CHEN
TA

RT

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dwar
Judge E

ER

H

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en

d M. Ch

NO

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R NIA

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DERED
SO OR ED
IT IS
DIFI
AS MO

FO

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LI

UNIT
ED

UNITED STATES DISTRICT JUDGE

A

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The CMC is reset from

PURSUANT TO STIPULATION, IT IS SO ORDERED.

N

D IS T IC T
R

OF

C

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JOINT STIPULATION & [PROPOSED] ORDER
CASE NO. CV 11-1892-EMC

I, Robert A. Sacks, am the ECF User whose ID and password are being used to file this

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2 Stipulation To Extend Time To Respond To The Complaint. In compliance with General Order 45,
3 X.B., I hereby attest that Bruce D. Celebrezze has concurred in this filing.
4 Dated: September 29, 2011
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/s/ Robert A. Sacks
Robert A. Sacks

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JOINT STIPULATION & [PROPOSED] ORDER
CASE NO. CV 11-1892-EMC