Illinois Union Insurance Company v. Intuitive Surgical, Inc.

Filing 164

STIPULATION AND ORDER re 163 STIPULATION WITH PROPOSED ORDER Joint Stipulation to Vacate Deadlines for Expert Disclosure and Close of Expert Discovery filed by Intuitive Surgical, Inc. Signed by Judge Jon S. Tigar on April 27, 2016. (wsn, COURT STAFF) (Filed on 4/27/2016).

1 ALLEN RUBY (SBN 47109)
RAOUL D. KENNEDY (SBN 40892)
2 JAMES P. SCHAEFER (SBN 250417)
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
3 525 University Avenue, Suite 1400
Palo Alto, CA 94301
4 Telephone: [phone]
Facsimile: [phone]
5 [e-mail]
[e-mail]
6 [e-mail]
7 Attorneys for Plaintiff/Defendant
INTUITIVE SURGICAL, INC.
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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ILLINOIS UNION INSURANCE COMPANY,
CASE NO.: 3:13-cv-04863-JST
12
Plaintiff,
JOINT STIPULATION TO VACATE
DEADLINES FOR EXPERT
13
v.
DISCLOSURE AND CLOSE OF
EXPERT DISCOVERY; and
14
INTUITIVE SURGICAL, INC.,
[PROPOSED] ORDER.
15
Defendant.
Complaint Filed: October 21, 2013
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17

Judge:

18 NAVIGATORS SPECIALTY INSURANCE CO.,

CASE NO.: 3:13-cv-05801-JST

Plaintiff,

19
20

Hon. Jon S. Tigar

Complaint Filed: December 16, 2013

v.

21 INTUITIVE SURGICAL, INC.,
Defendant.

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23 INTUITIVE SURGICAL, INC.,
Plaintiff,

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25

CASE NO.: 3:15-cv-04834-JST
Complaint Filed: October 20, 2015

v.

26 ILLINOIS UNION INSURANCE COMPANY;
NAVIGATORS SPECIALTY INSURANCE CO.,
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Defendants.
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JOINT S TIP. RE : VACATING D EADLINES FOR EXPERT DISCLOSURE AND
EXPERT DISCOVERY

CASE NO.: 3:13-CV-04863-JS T

1

Plaintiff/Defendant Intuitive Surgical, Inc. (“Intuitive”) and Plaintiffs/Defendants Illinois

2 Union Insurance Company (“Illinois Union”) and Navigators Specialty Insurance Company
3 (“Navigators”) jointly stipulate, pursuant to Civil Local Rules 6-1(b), 6-2, and 7-12, to vacate the
4 current deadlines for disclosure of experts and rebuttal experts and for the close of expert discovery
5 in the rescission actions, Case Nos. 3:13-cv-04863-JST and 3:13-cv-05801-JST, pending this
6 Court’s May 26, 2016 case management conference.
7

WHEREAS, the Court held a case management conference on January 20, 2016;

8

WHEREAS, at the January 20, 2016 case management conference, the Court ordered Case

9 Nos. 3:13-cv-04863-JST and 3:13-cv-05801-JST (which had previously been consolidated) and
10 Case No. 3:15-cv-04834-JST “consolidated for all purposes other than trial” (Dkt. 109);
11

WHEREAS, in Case Nos. 3:13-cv-04863-JST and 3:13-cv-05801-JST, as currently

12 scheduled, the deadline: for (i) the designation of experts and expert reports is April 29, 2016; (2)
13 the designation of rebuttal experts and rebuttal expert reports is May 30, 2016, and (iii) the close of
14 expert discovery is June 30, 2016 (Dkt. 112);
15

WHEREAS, on April 14, 2016, the Court ordered that it would “conduct a jury trial of

16 Intuitive’s breach of contract and bad faith claims [Case No. 3:15-cv-04834-JST] prior to a
17 separate trial on the Insurers’ rescission claims [Case Nos. 3:13-cv-04863-JST and 3:13-cv-0580118 JST]” (Dkt. 153);
19

WHEREAS, on April 14, 2016, the Court vacated the trial date for the rescission actions,

20 previously scheduled for July 5, 2016 (Dkt. 153);
21

WHEREAS, on April 14, 2016, the Court set a case management conference for May 26,

22 2016 (Dkt. 153);
23

WHEREAS, no dates or deadlines for expert disclosure, expert reports, or trial have been

24 set in Case No. 3:15-cv-04834-JST;
25

WHEREAS, the parties have met and conferred and have agreed, as a matter of efficiency,

26 that there should be one set of expert deadlines for all three cases;
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28

WHEREAS, the parties have agreed to submit a proposed schedule with one set of expert
1

JOINT S TIP. RE : VACATING D EADLINES FOR EXPERT DISCLOSURE AND
EXPERT DISCOVERY

CASE NO.: 3:13-CV-04863-JS T

1 deadlines for all cases with the joint case management statement due ten court days prior to the
2 May 26, 2016 case management conference.
3

NOW THEREFORE, the parties, through the undersigned counsel, hereby stipulate with

4 respect to the deadlines previously imposed in Case Nos. 3:13-cv-04863-JST and 3:13-cv-058015 JST as follows:
6

•

that the following deadlines be taken off calendar:

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o the April 29, 2016 deadline for disclosure of expert testimony;

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o the May 30, 2016 deadline for disclosure of rebuttal expert testimony ;

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o the June 30, 2016 deadline for close of expert discovery;

10

•

that the parties will submit a proposed schedule to the Court with one set of expert

11

deadlines for all cases with the joint case management statement due ten court days

12

prior to the May 26, 2016 case management conference.

13

The parties’ proposed time modifications would impact the deadlines in Case Nos. 3:13-cv-

14 04863-JST and 3:13-cv-05801-JST as follows:
15
Event

Current
Schedule

New Schedule

Designation of Experts /
Expert Reports Due

4/29/2016

TBD

Designation of Rebuttal Experts /
Rebuttal Reports Due

5/30/2016

TBD

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20

Close of Expert Discovery

6/30/2016

TBD

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21 DATED: April 26, 2016
22

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP

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24

By:

/s/ James P. Schaefer
Attorneys for Plaintiff/Defendant
INTUITIVE SURGICAL, INC.

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2

JOINT S TIP. RE : VACATING D EADLINES FOR EXPERT DISCLOSURE AND
EXPERT DISCOVERY

CASE NO.: 3:13-CV-04863-JS T

1
2

COZEN O’CONNOR
By:

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4

/s/ Charles Wheeler
Attorneys for Plaintiff/Defendant
ILLINOIS UNION INSURANCE COMPANY

HINSHAW & CULBERTSON LLP

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By:

/s/ John S. Pierce
Attorneys for Plaintiff/Defendant
NAVIGATORS SPECIALTY INSURANCE COMPANY

Pursuant to Civil Local Rule 5-1(i), the filer attests that concurrence in the filing of this
document has been obtained from the signatories above.

10

/s/ James P. Schaefer

_

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3

JOINT S TIP. RE : VACATING D EADLINES FOR EXPERT DISCLOSURE AND
EXPERT DISCOVERY

CASE NO.: 3:13-CV-04863-JS T

1
2

[PROPOSED] ORDER
PURSUANT TO THE FOREGOING STIPULATION OF THE PARTIES, IT IS

3 ORDERED THAT:
4

The prior deadlines in Case Nos. 3:13-cv-04863-JST and 3:13-cv-05801-JST are amended as

5 follows:
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Event

Current
Schedule

New Schedule

Designation of Experts /
Expert Reports Due

4/29/2016

TBD

Designation of Rebuttal Experts /
Rebuttal Reports Due

5/30/2016

TBD

Close of Expert Discovery

6/30/2016

TBD

The parties shall submit a proposed schedule to the Court with one set of expert deadlines

12 for all cases with the joint case management statement due ten court days prior to the May 26,
13 2016 case management conference.

S

___________________________________

17

United States District Court Judge

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NO

TED
GRAN Tigar
The Honorable Jon S.

R NIA

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UNIT
ED

15 DATED: April 27, 2016

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[PROPOSED] O RDER VACATING DEADLINES FOR EXPERT DISCLOSURE AND
EXPERT DISCOVERY

CASE NO.: 3:13-CV-04863-JS T