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

Filing 75

STIPULATION AND ORDER re 74 Continunace of Further CMC filed by National Union Fire Insurance Company of Pittsburgh, PA Case Management Statement due by 2/7/2013. Further Case Management Conference set for 2/14/2013 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 12/11/12. (bpf, COURT STAFF) (Filed on 12/11/2012)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., 14 15 Case No. CV-11-01892-EMC Plaintiff, vs. 16 17 PAYLESS SHOESOURCE, INC. and COLLECTIVE BRANDS, INC., FURTHER STATUS REPORT AND JOINT REQUEST FOR CONTINUANCE OF FURTHER CASE MANAGEMENT CONFERENCE; PROPOSED ORDER (as modified) 18 Defendants. 19 20 21 22 Plaintiff National Union Fire Insurance Company of Pittsburgh, PA (“National 23 Union”) and Defendants Payless ShoeSource, Inc. (“Payless”) and Collective Brands, Inc. 24 (“Collective Brands”) (collectively, “Defendants”) jointly submit this Further Status Report 25 and Stipulation for Continuance of Further Case Management Conference. For the report 26 and stipulation, the parties state as follows: 27 28 Page 1 FURTHER STATUS REPORT & STIPULATION FOR CONTINUANCE OF FURTHER CASE MANAGEMENT CONFERENCE AM 17844212.1 1 1. On August 31, 2012, the Court issued an Order (ECF No. 72) staying this case 2 pending disposition of a motion filed by National Union in the District of Kansas to stay a 3 related action between the parties, Collective Brands, Inc. et al. v. National Union Fire 4 Insurance Co. of Pittsburgh, PA et al., Case No. 11-CV-4097-JTM/KGG (D. Kan.) (the 5 “Kansas Action”). The Court set a further case management conference for December 14, 6 2012. 7 2. The district court in the Kansas Action has not yet ruled on the motion to stay. 8 3. Accordingly, the parties hereby jointly request a continuance of the further 9 10 case management conference of two months, until Friday, February 15, 2013. Dated: December 10, 2012 11 /s/ Clinton J. McCord Clinton J. McCord EDWARDS WILDMAN PALMER LLP 9665 Wilshire Boulevard, Ste 200 Beverly Hills, CA 90212 12 13 14 15 Stephen M. Prignano EDWARDS WILDMAN PALMER LLP 2800 Financial Plaza Providence, RI 02903 16 17 18 Counsel for Plaintiff 19 20 21 Dated: December 10, 2012 22 23 /s/ Sverker K. Hogberg Robert A. Sacks SULLIVAN & CROMWELL LLP 1888 Century Park East Los Angeles, CA 90067 24 Sverker K. Hogberg SULLIVAN & CROMWELL LLP 1870 Embarcadero Road Palo Alto, CA 94303 25 26 27 28 Page 2 FURTHER STATUS REPORT & STIPULATION FOR CONTINUANCE OF FURTHER CASE MANAGEMENT CONFERENCE AM 17844212.1 Mark F. Rosenberg SULLIVAN & CROMWELL LLP 125 Broad Street New York, NY 10004 1 2 3 Counsel for Defendants 4 5 ORDER 6 The above joint request for continuance of further case management conference is 7 2/14 and reset to ________________________, 2013, at 10:30 AM in Courtroom 5, 17th Floor. 10 S 12/11/12 14 ERED O ORD D IT IS S IFIE HONORABLE EDWARD M.D AS MO CHEN R NIA Dated: NO UNITED STATES DISTRICT JUDGE n he rd M. C ge Edwa Jud 15 RT ER H 16 17 18 FO 13 IT IS SO ORDERED. UNIT ED 12 RT U O 11 S DISTRICT TE C TA LI 9 approved. The further CMC currently set for Friday, December 14, 2012, is hereby vacated, A 8 N F D IS T IC T O R C 19 20 21 22 23 24 25 26 27 28 Page 3 FURTHER STATUS REPORT & STIPULATION FOR CONTINUANCE OF FURTHER CASE MANAGEMENT CONFERENCE AM 17844212.1

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