Valley Forge Insurance Company et al v. Odyssey Thera, Inc.

Filing 58

AMENDED ORDER GRANTING AS MODIFIED 56 STIPULATION WITH PROPOSED ORDER Regarding Briefing and Hearing Schedule for Cross-Motions for Summary Judgment;. Signed by Judge JEFFREY S. WHITE on 6/13/12. (jjoS, COURT STAFF) (Filed on 6/14/2012)

Case3:12-cv-00227-JSW Document56 Filed06/12/12 Page1 of 6

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Robert C. Christensen (State Bar No. 151296)
Marsha L. Morrow (State Bar No. 71903)
COLLIAU ELENIUS MURPHY
CARLUCCIO KEENER & MORROW
555 Mission, Suite 330
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff
VALLEY FORGE INSURANCE COMPANY and
CONTINENTAL CASUALTY COMPANY

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Raymond H. Sheen (State Bar No. 194598)
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

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Attorneys for Defendant and Cross-Claimant
ODYSSEY THERA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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VALLEY FORGE INSURANCE
COMPANY and CONTINENTAL
CASUALTY COMPANY,

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Plaintiffs,
v.
ODYSSEY THERA, INC.,

CASE NO. C12-00227
AMENDED
STIPULATION AND [PROPOSED]
ORDER REGARDING BRIEFING
AND HEARING SCHEDULE FOR
CROSS-MOTIONS FOR SUMMARY
JUDGMENT AS MODIFIED
DECLARATION OF RAYMOND H.
SHEEN

Defendant.

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Case No.: C12-00227
STIPULATION AND [PROPOSED]
ORDER; SHEEN DECLARATION

Case3:12-cv-00227-JSW Document56 Filed06/12/12 Page2 of 6

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ODYSSEY THERA, INC.,
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Cross-Claimant,
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v.
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VALLEY FORGE INSURANCE
COMPANY, CONTINENTAL CASUALTY
COMPANY, and SCOTTSDALE
INSURANCE COMPANY,

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Cross-Defendants.

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Pursuant to Local Rules 6-1, 6-2 and 7-12 of this Court, Plaintiffs VALLEY FORGE

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INSURANCE COMPANY and CONTINENTAL CASUALTY COMPANY (collectively,

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“Plaintiffs”) and Defendant ODYSSEY THERA, INC. (“Odyssey”) hereby stipulate as follows:

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1.

On June 8, 2012, Plaintiffs filed a Summary Judgment Motion (“Plaintiffs’

Motion”) with a hearing date of July 27, 2012.
2.

Odyssey’s Opposition to Plaintiffs’ Motion is due on June 22, 2012. Plaintiffs’

Reply re Plaintiffs’ Motion is due on June 29, 2012.
3.

On June 11, 2012, the Court notified the parties that the hearing on Plaintiffs’

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Motion was continued from July 27, 2012 to August 31, 2012, but the briefing schedule remained

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unchanged.

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4.

Odyssey intends to file a Cross-Motion for Partial Summary Judgment (“Odyssey's

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Motion”) against Plaintiffs. As set forth in the attached Declaration of Raymond Sheen (“Sheen

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Declaration”), the issues raised in Odyssey's Motion will overlap significantly with the issues

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raised in Plaintiffs’ Motion.

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5.

To streamline the briefing of the Cross-Motions, and reduce the overall number of

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briefs submitted to the Court, the Parties seek to extend and coordinate the briefing schedules and

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hearings for Plaintiffs’ Motion and Odyssey’s Motion for the reasons set forth in the Sheen

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Declaration.

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6.

The Parties believe that the requested time modification will not have any effect or

impact on the schedule for the case or the hearing on the two motions. The parties do not seek to
Case No.: C12-00227
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STIPULATION AND [PROPOSED]
ORDER; SHEEN DECLARATION

Case3:12-cv-00227-JSW Document56 Filed06/12/12 Page3 of 6

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extend the present hearing date of August 31, 2012.
THEREFORE the parties stipulate to and request the Court’s approval of the following
briefing and hearing schedule in connection with Plaintiffs’ Motion and Odyssey’s Motion:
Odyssey’s Filing of Combined (a) Opposition
to Plaintiffs’ Motion; and (b) Odyssey’s
Motion

July 20, 2012

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Plaintiffs’ Filing of Combined (a) Reply re
Plaintiffs’ Motion; and (b) Opposition to
Odyssey’s Motion

August 3, 2012

Odyssey’s Filing of Reply Brief re Odyssey’s
Motion

August 10, 2012

Hearing on Plaintiffs’ Motion and Odyssey’s
Motion

August 31, 2012

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IT IS SO AGREED.

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Dated: June 12, 2012

COLLIAU ELENIUS MURPHY
CARLUCCIO KEENER & MORROW

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By: /s/ Robert C. Christensen
Robert C. Christensen

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Attorneys for Plaintiffs
VALLEY FORGE INSURANCE
COMPANY and CONTINENTAL
CASUALTY COMPANY

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Dated: June 12, 2012

JONES DAY

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By: /s/ Raymond H. Sheen
Raymond H. Sheen

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Attorneys for Defendant and Cross-Claimant
ODYSSEY THERA, INC.
The case management conference is CONTINUED from August 31, 2012 to October 5, 2012 at 1:30 pm.
June 22, 2012
PURSUANT TO STIPULATION, IT IS SO ORDERED.
June 13, 2012
DATED: _________________
THE HONORABLE JEFFREY S. WHITE
U.S. DISTRICT COURT JUDGE
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Case No.: C12-00227
STIPULATION AND [PROPOSED]
ORDER; SHEEN DECLARATION