Tria Beauty, Inc. v. National Fire Insurance Company of Hartford et al

Filing 22

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE: Case Management Statement due by 1/24/2013. Initial Case Management Conference set for 1/31/2013 11:00 AM in Courtroom 8, 19th Floor, San Francisco. Signed by Judge William Alsup on 11/28/2012. (whasec, COURT STAFF) (Filed on 11/28/2012)

1
2
3
4
5
6
7
8

ABELSON | HERRON LLP
Michael Bruce Abelson (State Bar No. 130739)
Vincent H. Herron (State Bar No. 172290)
Susan P. Welch (State Bar No. 145952)
333 South Grand Avenue, Suite 1550
Los Angeles, California 90071-1559
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
TRIA Beauty, Inc.

9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12

SAN FRANCISCO DIVISION

13
14

TRIA BEAUTY, INC., a Delaware
corporation,
Plaintiff,

15
16
17
18
19
20
21
22

CASE NO. CV-12-05465 WHA
Case Filed:
Assigned to:

October 22, 2012
The Hon. William H. Alsup
(Courtroom 8)

v.
NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, an Illinois
Company; TRAVELERS PROPERTY
CASUALTY COMPANY OF AMERICA, a
Connecticut Company; BEAZLEY
INSURANCE COMPANY, INC., a
Connecticut Company; and DOES 1-15,
inclusive,

STIPULATION AND [PROPOSED] ORDER
RE INITIAL CASE MANAGEMENT
CONFERENCE
Current Initial Case Management Conference
Date: January 24, 2013
Requested Initial Case Management Conference
Date: January 31, 2013

Defendants.

23
24
25
26
27
28
CV-12-05465 WHA

STIPULATION RE INITIAL
CASE MANAGEMENT CONFERENCE

1

IT IS HEREBY STIPULATED by and between counsel for the parties that:

2

WHEREAS, lead counsel for plaintiff TRIA Beauty, Inc. has a previously-scheduled

3

summary judgment hearing in another matter on the date set for the initial Case Management

4

Conference (see Abelson Dec. ¶ 2);

5
6
7
8
9
10
11
12
13

WHEREAS, there have not been any previous time modifications for hearings or case
management conferences in the case (see Abelson Dec. ¶ 3); and
WHEREAS, a one-week continuance will not impact the progress of the case (see
Abelson Dec. ¶ 4);
NOW, THEREFORE, the parties, through their undersigned counsel, request the Court
approve their stipulation as follows:
1.

The initial Case Management Conference shall be continued from January 24,

2013 to January 31, 2013 or such date thereafter as is convenient for the Court; and
2.

The Joint Case Management Statement shall be filed at least seven calendar days

14

prior to the newly set date for the initial Case Management Conference.

15

Dated: November __, 2012

16
17

ABELSON | HERRON LLP
Michael Bruce Abelson
Vincent H. Herron
Susan P. Welch

18
By_____________________________
Susan P. Welch
Attorneys for Plaintiff
TRIA Beauty, Inc.

19
20
21
22

Dated: November __, 2012

23
24

SEDGWICK LLP
Bruce D. Celebrezze
Matthew C. Lovell
By_____________________________

25
Attorneys for Defendant
Travelers Property Casualty Company of America

26
27
28
CV-12-05465 WHA

1

STIPULATION RE INITIAL
CASE MANAGEMENT CONFERENCE

NO

Judge W

R NIA

VED
APPRO

lsup

A

H

ER

FO

illiam A

LI

RT

UNIT
ED

S DISTRICT
TE
C
TA

RT
U
O

S

January 31, 2012,

N

F
D IS T IC T O
R

C

DECLARATION OF MICHAEL BRUCE ABELSON

1
2

I, Michael Bruce Abelson, declare:

3

1.

I am licensed to practice law in the State of California and am a partner with the

4

firm of Abelson | Herron and lead counsel to TRIA Beauty, Inc. (TRIA), in this action. I have

5

personal knowledge of the facts set forth below, and, if called as a witness, would testify to those

6

facts.

7

2.

On October 18, 2012 (prior to the filing of this action), a summary judgment

8

hearing was set for January 24, 2013 at 9:00 a.m. in Department 37 of the California Superior

9

Court for the County of Los Angeles before Hon. Joanne B. O’Donnell. The matter is

10

encaptioned CalPortland Company v. Truck Insurance Exchange, et al., Case No. BC 455145. I

11

am lead counsel for CalPortland in that matter and must be present to argue the summary

12

judgment motion.

13

3.

The initial Case Management Conference in this matter has not been previously

14

continued, and there have been no other time modifications in this matter, other than an

15

agreement to allow defendant Beazley Insurance Company, Inc. additional time to respond to the

16

complaint while the parties address certain jurisdictional issues.

17
18
19

4.

Continuing the initial Case Management Conference will not impact the schedule

or progress of this matter. There are no other pending hearings or deadlines in this matter.
I declare under penalty of perjury under the laws of the United States of America that the

20

foregoing is true and correct.

21

Dated: November ___, 2012

22
By:

23

Michael Bruce Abelson

24
25
26
27
28
CV-12-05465 WHA
3

STIPULATION RE INITIAL
CASE MANAGEMENT CONFERENCE

1

PROOF OF SERVICE

2

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION

3

TRIA Beauty, Inc. v. National Fire Insurance Company of Hartford, et al.
District Court Case No. C 12-05465 WHA

4
5
6

I am over the age of 18 and not a party to the within action; I am employed by
Abelson | Herron, LLP in the County of Los Angeles at 333 South Grand Avenue, Suite 1550,
Los Angeles, California 90071-1559.

7

On November 28, 2012, I served the document below described as:

8
STIPULATION AND [PROPOSED] ORDER RE INITIAL CASE
MANAGEMENT CONFERENCE

9
10
11
12

The document was served by the following means:


13
14
15
16
17

Bruce D. Celebrezze, Esq.
Matthew C. Lovell, Esq.
SEDGWICK LLP
333 Bush Street, 30th Floor
San Francisco, California 94101-2834
E-mail: [e-mail]
E-mail: [e-mail]

18
19
20
21
22
23
24
25
26
27

BY ELECTRONIC TRANSMISSION VIA NEF Pursuant to the Court’s General
Order 10-07, I electronically filed the foregoing document through the Court’s CM/ECF
system, which sent Notification of Electronic Filing to the persons at the e-mail addresses
listed below.
Steven M. Crane, Esq.
Counsel for Defendant
Barbara S. Hodous, Esq.
NATIONAL FIRE INSURANCE
BERKES CRANE ROBINSON & SEAL LLP COMPANY OF HARTFORD
515 South Figueroa Street, Suite 1500
Los Angeles, California 90071
E-mail: [e-mail]
E-mail: [e-mail]



Counsel for Defendant
TRAVELERS PROPERTY
CASUALTY COMPANY OF
AMERICA

BY U.S. MAIL I enclosed the document in a sealed envelope addressed to the persons at
the address listed below and placed the sealed envelope for collection and mailing,
following our ordinary business practices. I am readily familiar with this business’s
practice for collecting and processing correspondence for mailing. On the said date, it is
deposited in the ordinary course of business with the United States Postal Service in a
sealed envelope with postage fully prepaid.
Philip F. Atkins-Pattenson, Esq.
Counsel for Defendant
Arthur J. Friedman, Esq.
BEAZLEY INSURANCE
SHEPPARD MULLIN RICHTER & HAMPTON LLP
COMPANY, INC.
Four Embarcadero Center, 17th Floor
San Francisco, California 94111

28

- Proof of Service -

1
2
3

I declare under penalty of perjury under the laws of United States of America that the
foregoing is true and correct.
Executed on November 28, 2012 at Los Angeles, California.
/s/ Susan P. Welch

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

- Proof of Service -