Illinois Union Insurance Company v. Intuitive Surgical, Inc.

Filing 110

CASE MANAGEMENT ORDER. Signed by Judge Jon S. Tigar on January 21, 2016. (wsn, COURT STAFF) (Filed on 1/21/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ILLINOIS UNION INSURANCE
COMPANY, et al.,
Plaintiffs,

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INTUITIVE SURGICAL, INC.,
Defendant.

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United States District Court
Northern District of California

CASE MANAGEMENT ORDER

v.

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Case Nos. 13-cv-04863-JST; 13-cv-5801JST; 15-cv-4834-JST

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AND CONSOLIDATED CASES

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Yesterday the Court conducted a case management conference concerning the scheduling

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of the trial or trials in these consolidated cases. Having carefully considered both the parties’ case

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management statements, ECF Nos. 106 &107, and their arguments at the conference, the Court

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believes that further briefing is required before the Court can set a case schedule. Accordingly, the

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parties are hereby ordered to brief the following issue: Does Intuitive Surgical have a right to a

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jury trial under the Seventh Amendment of the United States Constitution regarding its breach of

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contract claim, which right would require the Court to schedule a trial on Intuitive Surgical's

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breach of contract claim prior to or simultaneously with a bench trial on the insurers' rescission

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claims?

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Intuitive Surgical shall file an opening brief not to exceed 15 pages within seven court days

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of this order. The insurers shall file a single joint response brief not to exceed 15 pages within

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seven court days of Intuitive's brief. Intuitive will then have three court days to file a reply brief

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not to exceed 5 pages.

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IT IS SO ORDERED.
Dated: January 21, 2016
______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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