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

Filing 32

STIPULATION AND ORDER Case Management Statement due by 6/22/2012. Case Management Conference set for 6/29/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 3/14/12. (bpf, COURT STAFF) (Filed on 3/14/2012)

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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
&
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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 (the “Stipulation”).

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

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Conference (“CMC”) for October 7, 2011 and requiring the Parties to file a joint case management

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statement by September 30, 2011 (Dkt. No. 20);

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WHEREAS, on September 22, 2011, the Court entered an order referring this matter to
private Alternative Dispute Resolution (“ADR”) (Dkt. No. 24);
WHEREAS, on October 3, 2011, the Court entered the Parties’ Joint Stipulation and

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[Proposed] Order Continuing Case Management Conference, which reset the CMC to February 2, 2012

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to allow the Parties sufficient time to conduct private ADR (Dkt. No. 28);

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WHEREAS, the Parties agreed to a private mediator and scheduled a mediation to take
place on March 6, 2012;
WHEREAS, on January 13, 2012, the Court entered the Parties’ Joint Stipulation and

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[Proposed] Order Continuing Case Management Conference, which reset the CMC to April 6, 2012 to

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allow the parties to conduct the mediation;

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WHEREAS, due to a conflict of interest of one of the attorneys for Defendant National

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Union Fire Insurance Company of Pittsburgh, PA, and because a replacement attorney was not available

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in time for the March 6 mediation, the mediation was postponed;

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WHEREAS, the Parties have agreed to reschedule the mediation for May 23, 2012; and

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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 CMC and related deadline to file a joint case

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management statement until after the conclusion of the scheduled mediation, in the event it does not

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result in the resolution of this dispute.

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SULLIVAN
&
CROMWELL LLP

NOW, THEREFORE, THE PARTIES JOINTLY STIPULATE TO, AND REQUEST
THE COURT TO ORDER, THE FOLLOWING:
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JOINT STIPULATION & [PROPOSED] ORDER
CASE NO. CV 11-1892-EMC

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private mediation to which the Court has referred this matter;

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The currently-scheduled deadline to file a joint case management statement by
March 30, 2012 shall be vacated and rescheduled; and

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The CMC shall be continued until 30 days after conclusion of the May 23, 2012

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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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Respectfully submitted,
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Dated: March 13, 2012

Dated: March 13, 2012

/s/ Bruce D. Celebrezze
Bruce D. Celebrezze (SBN 102181)
([e-mail])
SEDGWICK LLP
333 Bush Street, 30th Floor
San 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 ShoeSource, Inc. and
Collective Brands, Inc.

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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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S DISTRICT
TE EDWARD M. CHEN
C
THE HONORABLE
TA

RT
U
O

UNITED STATES DISTRICT JUDGE

RT

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dwa
Judge E

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hen

rd M. C

NO

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ERED
O ORD D
IT IS S
DIFIE
AS MO

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3/14/12
Dated: ___________________________

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is reset to 6/29/12 at 9:00 a.m. A joint CMC Statement shall be filed by 6/22/12.

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The 4/6/12 CMC

PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNIT
ED

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N

F
D IS T IC T O
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JOINT STIPULATION & [PROPOSED] ORDER
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

2 Joint Stipulation and [Proposed] Order Continuing Case Management Conference. In compliance with
3 General Order 45, X.B., I hereby attest that Bruce D. Celebrezze has concurred in this filing.
4 Dated: March 13, 2012

/s/ Robert A. Sacks
Robert A. Sacks

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