Illinois Union Insurance Company v. Intuitive Surgical, Inc.

Filing 186

STIPULATION AND ORDER re (184 in 3:13-cv-04863-JST) STIPULATION WITH PROPOSED ORDER JOINT STIPULATION TO ENTER SCHEDULING ORDER filed by Intuitive Surgical, Inc. Signed by Judge Jon S. Tigar on July 27, 2016. (wsn, COURT STAFF) (Filed on 7/27/2016)

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
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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
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Plaintiff,
JOINT STIPULATION TO ENTER
SCHEDULING ORDER; and
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v.
[PROPOSED] ORDER.
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INTUITIVE SURGICAL, INC.,
Complaint Filed: October 21, 2013
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Defendant.
Judge:
Hon. Jon S. Tigar
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Date:
May 26, 2016
Time:
2:00 pm
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Location: Courtroom 9
18 NAVIGATORS SPECIALTY INSURANCE CO.,
CASE NO.: 3:13-cv-05801-JST
Plaintiff,

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Complaint Filed: December 16, 2013

v.

21 INTUITIVE SURGICAL, INC.,
Defendant.

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23 INTUITIVE SURGICAL, INC.,
Plaintiff,

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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 STIPULATION TO ENTER SCHEDULING ORDER

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CASE NO.: 3:13-cv-04863-JST

Intuitive Surgical, Inc. (“Intuitive”) and Illinois Union Insurance Company (“Illinois

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2 Union”) jointly stipulate, pursuant to Civil Local Rules 6-1(b), 6-2, and 7-12, to set deadlines for
3 consolidated actions numbered Case No. 3:13-cv-04863-JST and Case No. 3:15-cv-04834-JST, if it
4 pleases this Court.
WHEREAS, on May 12, 2016, the parties submitted a joint case management schedule with

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6 competing proposed schedules. (Dkt. 1711.)
WHEREAS, on May 26, 2016, this Court conducted a case management conference at

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8 which the parties’ proposed schedules were discussed.
WHEREAS, the parties have met and conferred in an attempt to propose a schedule suitable

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10 to the Court’s calendar.
NOW THEREFORE, the parties, through the undersigned counsel, hereby respectfully

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12 request that this Court enter the following stipulated case schedule for consolidated actions
13 numbered Case No. 3:13-cv-04863-JST and Case No. 3:15-cv-04834-JST, if such dates are
14 convenient to this Court:
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Event

Date

16

Mediation Deadline

October 15, 2016

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Close Of Fact Discovery

November 10, 2016

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Expert Reports Due

December 13, 2016

Rebuttal Expert Reports Due

January 17, 2017

Close Of Expert Discovery

January 31, 2017

Last Day To File Dispositive Motions In Intuitive’s Breach
Of Contract And Bad Faith Case

February 16, 2017

Last Day To File Opposition To Dispositive Motions In
Intuitive’s Breach Of Contract And Bad Faith Case

March 9, 20172

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1

Unless otherwise indicated, all docket citations refer to the ECF docket in Illinois Union
Ins. Co. v. Intuitive Surgical, Inc., No. 3:13-cv-04863-JST (filed Oct. 21, 2013).
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2

This briefing schedule of 21 days to file an Opposition and 14 days to file a Reply will
apply to any Dispositive Motion filed before February 16, 2017.

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JOINT STIPULATION TO ENTER SCHEDULING ORDER

1

CASE NO.: 3:13-cv-04863-JST

1

March 23, 2017

2

Last Day To File Reply to Opposition to Dispositive Motions
In Intuitive’s Breach Of Contract And Bad Faith Case

3

Pretrial Conference Statement Due

May 5, 2017

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Pretrial Conference

May 26, 2017

5

Jury Trial

June 19, 20173

6 DATED: July 26, 2016
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SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
By:

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

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10

COZEN O’CONNER

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By:

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/s/ Charles Wheeler
Attorneys for
ILLINOIS UNION INSURANCE COMPANY

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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.
/s/ James P. Schaefer

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_
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This proposed date of a jury trial is proposed subject to the Court’s convenience. The
parties respectfully defer to the Court’s calendar.

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JOINT STIPULATION TO ENTER SCHEDULING ORDER

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CASE NO.: 3:13-cv-04863-JST

[PROPOSED] ORDER

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2

PURSUANT TO THE FOREGOING STIPULATION OF THE PARTIES, IT IS

3 ORDERED THAT:
4

The Court enters the following case schedule for consolidated actions numbered Case No.

5 3:13-cv-04863-JST and Case No. 3:15-cv-04834-JST.:
6

Event

Date

7

Mediation Deadline

October 15, 2016

8

Close Of Fact Discovery

November 10, 2016

9

Expert Reports Due

December 13, 2016

10

Rebuttal Expert Reports Due

January 17, 2017

11

Close Of Expert Discovery

January 31, 2017

12

Last Day To File Dispositive Motions In Intuitive’s Breach
Of Contract And Bad Faith Case

February 16, 2017

Last Day To File Opposition To Dispositive Motions In
Intuitive’s Breach Of Contract And Bad Faith Case

March 9, 20171
March 23, 2017

16

Last Day To File Reply to Opposition to Dispositive Motions
In Intuitive’s Breach Of Contract And Bad Faith Case

17

Pretrial Conference Statement Due

18

Pretrial Conference

May 5, 2017
May 12, 2017
May 26, 2017

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Jury Trial

June 19, 2017

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DATED: July 27, 2016

___________________________________

21
The Honorable Jon S. Tigar
United States District Court Judge

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1

This briefing schedule of 21 days to file an Opposition and 14 days to file a Reply will
apply to any Dispositive Motion filed before February 16, 2017.
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[PROPOSED] ORDER ENTERING SCHEDULING ORDER

CASE NO.: 3:13-cv-04863-JST