National Union Fire Insurance Company of Pittsburgh, PA et al v. Electronic Arts, Inc., et al

Filing 140

ORDER VACATING CASE MANAGEMENT CONFERENCE (Illston, Susan) (Filed on 5/21/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA. and THE
INSURANCE COMPANY OF THE STATE OF
PENNSYLVANIA,

No. C 11-4897 SI
ORDER VACATING CASE
MANAGEMENT CONFERENCE

Plaintiffs,
v.
ELECTRONIC ARTS, INC. and THE
COLLEGIATE LICENSING COMPANY,
Defendants.

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This declaratory relief action concerns the existence vel non of any duty on the part of plaintiff

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insurance carriers to defend and/or indemnify defendants in a series of underlying actions. The

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underlying actions, most of which have been consolidated in this District before Chief Judge Wilken,

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concern defendants’ alleged misuse of the images and likenesses of various professional and collegiate

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athletes.

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This declaratory relief action was previously assigned to Judge Ware. On January 24, 2012,

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Judge Ware stayed the action, without prejudice to plaintiffs’ moving to lift the stay should there be a

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resolution, in any of the underlying actions, of the legal and factual issues bearing on the disposition of

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the case. Some months later, plaintiffs sought reconsideration of the stay order; on July 3, 2012, Judge

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Ware denied the motion for reconsideration.

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Upon Judge Ware’s retirement, this case was reassigned to the undersigned District Judge, and
a Case Management Conference was ultimately set for May 22, 2013.

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Upon review of the parties’ Joint Case Management Statement, it appears to this Court that the

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stay imposed by Judge Ware should continue to remain in place. There has been no showing of a

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“resolution, in any of the underlying actions, of the legal and factual issues bearing on the disposition

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of the case,” as Judge Ware required.

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Accordingly, the Case Management Conference scheduled for May 22, 2013 is VACATED.

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IT IS SO ORDERED.

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Dated: May 21, 2013

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_____________________________
SUSAN ILLSTON
United States District Judge

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