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

Filing 79

ORDER resetting further CMC to 4/11/13. Case Management Statement due by 4/4/2013. Further Case Management Conference set for 4/11/2013 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 2/12/13. (bpf, COURT STAFF) (Filed on 2/12/2013)

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EDWARDS WILDMAN PALMER LLP
Stephen M. Prignano (admitted pro hac vice)
Clinton J. McCord (CA Bar No. 204749)
9665 Wilshire Boulevard, Suite 200
Beverly Hills, CA 90212
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
Attorney 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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SAN FRANCISCO DIVISION

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NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA.,

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Case No. CV-11-01892-EMC
PLAINTIFF’S FURTHER CASE
MANAGEMENT CONFERENCE
STATEMENT AND REQUEST FOR
CONTINUANCE OF FURTHER CASE
MANAGEMENT CONFERENCE;
PROPOSED ORDER
ORDER RESETTING CMC

Plaintiff,
vs.

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

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Defendants.

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Plaintiff National Union Fire Insurance Company of Pittsburgh, PA (“National
Union”) submits this Further Case Management Conference Statement and Request for
Continuance of Further Case Management Conference. National Union states as follows:
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On August 31, 2012, the Court issued an Order staying this case pending

disposition of a motion by National Union to stay the related Kansas Action between the
parties. The Court set a further case management conference for December 14, 2012.
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PLAINTIFF’S FURTHER CMC STATEMENT & REQUEST FOR CONTINUANCE OF FURTHER
CASE MANAGEMENT CONFERENCE
AM 18171973.1

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2.

On December 11, 2012, with the motion in the Kansas Action still undecided,

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the Court issued an Order continuing the case management conference in this action until

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February 14, 2013, to allow for disposition of the motion in the Kansas Action.

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3.

On January 4, 2013, the Court in the Kansas Action issued a Memorandum

and Order granting summary judgment in favor of National Union.
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Today, the clerk in the Kansas Action entered a “Judgment in a Civil Case”

dismissing the Kansas Action in its entirety, which renders this action moot.
5.

Upon the expiration of the applicable appeal period, National Union intends to

dismiss this action with prejudice.
6.

Accordingly, in the interests of judicial economy, National Union hereby

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requests that the Court continue the further case management conference, currently set for

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Thursday, February 14, 2013, forty-five (45) days, to allow for the anticipated dismissal of

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this action.

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Respectfully submitted,

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Dated: February 7, 2013
/s/ Clinton J. McCord
Clinton J. McCord
EDWARDS WILDMAN PALMER LLP
9665 Wilshire Boulevard, Ste 200
Beverly Hills, CA 90212

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Stephen M. Prignano
EDWARDS WILDMAN PALMER LLP
2800 Financial Plaza
Providence, RI 02903

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Counsel for Plaintiff

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PLAINTIFF’S FURTHER CMC STATEMENT & REQUEST FOR CONTINUANCE OF FURTHER
CASE MANAGEMENT CONFERENCE
AM 18171973.1

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ORDER

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The above request for continuance of further case management conference is

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approved. The further CMC currently set for Thursday, February 14, 2013, is hereby
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vacated, and reset to ________________________, 2013, at 10:30 AM in Courtroom 5, 17th

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Floor. If a stipulation of dismissal is filed prior to that date, the further CMC will be vacated

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and no appearances will be necessary.

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Dated:

A

NO

2/12/13

S DISTRICT
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UNIT
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S

IT IS SO ORDERED.

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en
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Judg

HONORABLE EDWARDD CHEN
RE M.

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ORDE
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UNITED SO
DISTRICT JUDGE
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PLAINTIFF’S FURTHER CMC STATEMENT & REQUEST FOR CONTINUANCE OF FURTHER
CASE MANAGEMENT CONFERENCE
AM 18171973.1