Travelers Property Casualty Company of America v. KFx Medical Corporation

Filing 66

ORDER GRANTING 65 Request to Continue Case Management Conference: Case Management Statement due by 11/8/2013. Case Management Conference set for 11/15/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 8/9/13. (jjoS, COURT STAFF) (Filed on 8/9/2013)

Case3:13-cv-00710-JSW Document65 Filed08/09/13 Page1 of 4

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SEDGWICK LLP
BRUCE D. CELEBREZZE Bar No. 102181
DEAN J. McELROY Bar No. 213132
MICHAEL A. TOPP Bar No. 148445
333 Bush Street, 30th Floor
San Francisco, California 94104-2834
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA

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GAUNTLETT & ASSOCIATES
DAVID A. GAUNTLETT Bar No. 96399
JAMES A. LOWE Bar No. 214383
18400 Von Karman, Suite 300
Irvine, California 92612
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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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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TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA, a Connecticut
corporation,

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CASE NO. 3:13-cv-00710-JSW
SUPPLEMENTAL CASE MANAGEMENT
STATEMENT AND PROPOSED ORDER

Plaintiff,
v.
KFx MEDICAL CORPORATION,
a California corporation,

Date
Time
Place
Judge

:
:
:
:

August 16, 2013
1:30 p.m.
Courtroom 11, 19th Floor
Hon. Jeffrey S. White

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Defendant.
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Pursuant to Civil L.R. 16-10(d), the parties to the above-entitled action certify that they

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met and conferred at least 10 days prior to the continued case management conference scheduled

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in this case and jointly submit this Supplemental Case Management Statement and Proposed

SF/3841937v1

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CASE NO. 3:13-cv-00710-JSW

SUPPLEMENTAL CASE MANAGEMENT STATEMENT AND PROPOSED ORDER

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Order and request the Court to adopt it as a Supplemental Case Management Order in this case.
DESCRIPTION OF SUBSEQUENT CASE DEVELOPMENTS

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1.

The following progress or changes have occurred since the last case management

statement filed by the parties:
a.

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On July 12, 2013, the Court granted plaintiff Travelers’ motion for partial

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summary judgment as to its first and second claims for relief. The only remaining issue in the

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case is Travelers’ third claim for relief for reimbursement of defense costs.
b.

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Defendant KFx has notified Travelers that it intends to voluntarily repay

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Travelers the defense costs advanced. KFx anticipates that full payment will be made by

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October 15, 2013. Once that occurs, Travelers intends to dismiss its third claim for relief as

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moot and request entry of judgment.
c.

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Because it does not appear that further proceedings will be necessary in

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this case, the parties request that the Court continue the August 16, 2013 Scheduling Conference

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for 90 days, with the expectation that the case will be terminated before that date.

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2.

The parties jointly request the Court to make the following Supplemental Case

Management Order:
That the case management conference scheduled for August 16, 2013 be

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CONTINUED to November 15, 2013. The parties shall submit a revised joint case management

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conference statement by no later than November 8, 2013, if judgment has not been entered by

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that date.

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SF/3841937v1

DATED: August 9, 2013

SEDGWICK LLP
By: /s/ Michael A. Topp
Bruce D. Celebrezze
Michael A. Topp
333 Bush Street, 30th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Emails: [e-mail]
[e-mail]
Counsel for Plaintiff
TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA
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CASE NO. 3:13-cv-00710-JSW

SUPPLEMENTAL CASE MANAGEMENT STATEMENT AND PROPOSED ORDER

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DATED: August 9, 2013

GAUNTLETT & ASSOCIATES
By: /s/ James A. Lowe
David A. Gauntlett
James A. Lowe
18400 Von Karman, Suite 300
Irvine, California 92612
Telephone: [phone]
Facsimile: [phone]
Emails: [e-mail]
[e-mail]
Attorneys for Defendant
KFx MEDICAL CORPORATION

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SUPPLEMENTAL CASE MANAGEMENT STATEMENT AND PROPOSED ORDER

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SUPPLEMENTAL CASE MANAGEMENT ORDER

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The above SUPPLEMENTAL CASE MANAGEMENT STATEMENT AND

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PROPOSED ORDER is approved as the Case Management Order for this case and all parties

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shall comply with its provisions. [In addition, the Court makes the further orders stated below:]

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The Court CONTINUES the case management conference to November 15, 2013, and a joint case
management statement shall be due on November 8, 2013, unless judgment has been entered before
that date.

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IT IS SO ORDERED.

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DATED: August 9, 2013

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Jeffrey S. White
UNITED STATES DISTRICT JUDGE

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SF/3841937v1

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CASE NO. 3:13-cv-00710-JSW

SUPPLEMENTAL CASE MANAGEMENT STATEMENT AND PROPOSED ORDER