Actuate Corporation v. Reliance Standard Life Insurance Company

Filing 13

ORDER by Magistrate Judge Maria-Elena James granting 12 Stipulation Extending Time for Defendant to Respond to Complaint and Continuing Initial Case Management Conference. (rmm2S, COURT STAFF) (Filed on 6/13/2013)

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BINGHAM McCUTCHEN LLP
Geoffrey M. Howard (SBN 157468)
[e-mail]
John A. Polito (SBN 253195)
[e-mail]
Three Embarcadero Center
San Francisco, California 94111-4067
Telephone:
415.393.2000
Facsimile:
415.393.2286
Attorneys for Defendant
Reliance Standard Life Insurance Company

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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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ACTUATE CORPORATION, a California
corporation,

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Plaintiff,
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v.
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RELIANCE STANDARD LIFE INSURANCE
COMPANY,
Defendant.

No. 3:13-cv-1202-MEJ
THIRD STIPULATION AND
[PROPOSED] ORDER EXTENDING
TIME FOR DEFENDANT TO
RESPOND TO COMPLAINT AND
ADJOURNING INITIAL CASE
MANAGEMENT CONFERENCE
Judge:
Place:

Hon. Maria-Elena James
Courtroom B, 15th Floor

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Case No. 3:13-cv-1202-MEJ
[PROPOSED] ORDER EXTENDING TIME FOR DEFENDANT TO RESPOND TO COMPLAINT
AND ADJOURNING INITIAL CASE MANAGEMENT CONFERENCE

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By this Stipulation and Proposed Order, the parties respectfully request that the time for

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Defendant to answer, move or otherwise respond to the Complaint be extended, and the Initial

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Case Management Conference be adjourned, for the reasons stated below:

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WHEREAS, the Complaint was filed on March 18, 2013; WHEREAS, the time for

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Defendant to answer, move or otherwise respond to the Complaint was first extended to May 17,

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2013 by stipulation [ECF No. 7];

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WHEREAS, the time for Defendant to answer, move or otherwise respond to the

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Complaint was next extended to June 17, 2013 by stipulation and Order of this Court [ECF

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No. 9];

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WHEREAS, the parties have engaged in settlement discussions;

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WHEREAS, the parties have reached an agreement in principle and are in the process of

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negotiating a settlement agreement;

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WHEREAS, the parties have therefore agreed on an extension of the deadline for

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Defendant to answer, move or otherwise respond to the Complaint through July 1, 2013;

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WHEREAS, the Court has scheduled an Initial Case Management Conference for August
8, 2013 at 10:00 a.m. [ECF No. 9]; and
WHEREAS, the parties seek the extension and adjournment to allow them to focus on
finalizing the settlement agreement;
NOW THEREFORE, the parties hereby agree and stipulate to an extension of the date by

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which Defendant must answer, move or otherwise respond to the Complaint through and

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including July 1, 2013, and request that the Court adjourn the Initial Case Management

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Conference to a date at least 35 days after July 1, 2013.

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Case No. 3:13-cv-1202-MEJ
[PROPOSED] ORDER EXTENDING TIME FOR DEFENDANT TO RESPOND TO COMPLAINT
AND ADJOURNING INITIAL CASE MANAGEMENT CONFERENCE

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DATED: June 12, 2013

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Bingham McCutchen LLP

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By:

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/s/ John A. Polito
John A. Polito
[e-mail]
Attorneys for Defendant
Reliance Standard Life
Insurance Company

LEE TRAN & LIANG APLC

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By:

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/s/ James M. Lee
James M. Lee, SBN 192301
601 S. Figueroa St., Suite 4025
Los Angeles, CA 20017
Phone: [phone]
Fax:
[phone]
[e-mail]
Attorneys for Plaintiff
Actuate Corporation

ATTESTATION OF CONCURRENCE IN FILING

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Pursuant to Local Rule 5-1(i)(3), regarding non-filing signatories, I hereby attest that I have

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obtained concurrence from James M. Lee in the filing of this document.

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DATED: June 12, 2013

Bingham McCutchen LLP

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By:

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/s/ John A. Polito
John A. Polito
[e-mail]
Attorneys for Defendant
Reliance Standard Life
Insurance Company

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Case No. 3:13-cv-1202-MEJ

THIRD STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANT TO
RESPOND TO COMPLAINT AND ADJOURNING INITIAL CASE MANAGEMENT CONFERENCE

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED that the Court’s May 9, 2013 Order is

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modified as follows:
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1.

The August 8, 2013 Initial Case Management Conference shall be continued to

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__________________________.
September 5, 2013 at 10:00 a.m., Courtroom B, 15th Floor. If the parties
settle prior to the CMC, they shall notify the Court immediately.
2.
Defendant shall answer, move or otherwise respond to the Complaint on or before

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July 1, 2013.

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3.

The parties shall file their Fed. R. Civ. P. 26(f) Report and complete their initial

disclosures under Fed. R. Civ. P. 26(a)(1) no later than seven (7) days before the Initial Case

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Management Conference.

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June 13, 2013
DATED: ____________________

________________________________
Hon. Maria-Elena James

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Case No. 3:13-cv-1202-MEJ
[PROPOSED] ORDER EXTENDING TIME FOR DEFENDANT TO RESPOND TO COMPLAINT
AND ADJOURNING INITIAL CASE MANAGEMENT CONFERENCE