Travelers Property Casualty Company of America v. KFx Medical Corporation

Filing 34

ORDER GRANTING 33 Stipulation to Modify Briefing Schedule on KFx' Reply on 17 Motion to Dismiss. Replies due by 4/26/2013.Signed by Judge Jeffrey S. White on April 17, 2013. (jswlc3, COURT STAFF) (Filed on 4/17/2013)

Case3:13-cv-00710-JSW Document33 Filed04/16/13 Page1 of 2

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GAUNTLETT & ASSOCIATES
David A. Gauntlett (SBN 96399)
James A. Lowe (SBN 214383)
18400 Von Karman, Suite 300
Irvine, California 92612
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
Attorneys for Defendant
KFx MEDICAL CORPORATION

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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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TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA, a Connecticut
corporation,

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Plaintiff,
vs.
KFx MEDICAL CORPORATION,
a Delaware corporation,

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Defendant.
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Case No. 13-cv-00710-JSW
Hon. Jeffrey S. White
STIPULATION AND [PROPOSED] ORDER
TO MODIFY BRIEFING SCHEDULE ON
KFx’ REPLY ON ITS MOTION TO
DISMISS

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Plaintiff Travelers Property Casualty Company of America (“Travelers”), on the one hand,

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and Defendant KFx Medical Corporation (“KFx”), on the other hand, by and through their respective

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counsel, hereby stipulate and agree to the following subject to the approval of the Court.

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WHEREAS, KFx seeks to file the Reply on its Motion to Dismiss on April 26, 2013 which is

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the same date its Opposition is due on Travelers’ Amended Motion for Summary Judgment (“MSJ”)

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filed on April 12, 2013 [Docket No. 28]. Currently KFx is due to file its Reply on April 18, 2013

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and its Opposition on April 26, 2013;

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WHEREAS KFx believes that similar arguments will likely be made in both filings because

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the parties’ motions raise similar issues, Travelers’ duty to defend an underlying case, albeit in
10415-001-3/13/2002-127603.1

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Case3:13-cv-00710-JSW Document33 Filed04/16/13 Page2 of 2

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motions filed under two different rules.

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redundancy if both motions are addressed at the same time. Potentially the arguments can be made

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in a single combined brief; and

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The argument would likely be simplified with less

WHEREAS, this change in KFx’ Reply date will not affect any filing of Travelers; its Reply
on its MSJ will remain as presently set for May 3, 2013.

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NOW THEREFORE, subject to the approval of the Court the parties stipulate and agree that:

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The Reply date on KFx’ Motion to Dismiss shall be continued from April 18, 2013 to April

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26, 2013, the same date as its Opposition is due on Travelers’ cross motion for summary judgment.

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Dated: April 16, 2013

GAUNTLETT & ASSOCIATES

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By:
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/s/ James A. Lowe
David A. Gauntlett
James A. Lowe

Attorneys for Defendant
KFx MEDICAL CORPORATION

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Dated: April 16, 2013

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SEDGWICK, LLP
By:

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/s/ Bruce D. Celebrezze
Bruce D. Celebrezze
Dean J. McElroy

Attorneys for Plaintiff
TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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April 17, 2013
Dated: _____________________________

______________________________________
UNITED STATES DISTRICT JUDGE

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177176.1-10663-001-4/16/2013 1:39 PM

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Stipulation and [Proposed] Order
– 13-cv-00710-JSW