Illinois Union Insurance Company v. Intuitive Surgical, Inc.

Filing 198

STIPULATION AND ORDER re 197 STIPULATION WITH PROPOSED ORDER RE: DEADLINE TO PRODUCE EVIDENCE TO SUPPORT BRANDT FEES filed by Intuitive Surgical, Inc. Signed by Judge Jon S. Tigar on October 26, 2016. (wsn, COURT STAFF) (Filed on 10/26/2016)

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.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

12 ILLINOIS UNION INSURANCE COMPANY, an
Illinois corporation,
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Plaintiff,
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v.
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INTUITIVE SURGICAL, INC., a Delaware
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Defendant.

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INTUITIVE SURGICAL, INC.,
Plaintiff,
v.

ILLINOIS UNION INSURANCE COMPANY;
23 NAVIGATORS SPECIALTY INSURANCE CO.,
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Defendants.

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CASE NO.: 3:13-CV-04863-JST (JCS)
JOINT STIPULATION RE:
DEADLINE TO PRODUCE
EVIDENCE TO SUPPORT BRANDT
FEES; AND
[PROPOSED] ORDER
Complaint Filed: October 21, 2013
Judge:

Honorable Jon S. Tigar

Trial Date: June 19, 2017
CASE NO. 3:15-cv-04834-JST (JCS)
Complaint Filed: October 20, 2015

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JOINT STIPULATION RE: DEADLINE TO PRODUCE
EVIDENCE TO SUPPORT BRANDT FEES

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

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

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2 jointly stipulate, pursuant to Civil Local Rules 6-1(b), 6-2, and 7-12, to extend the current deadline
3 for fact discovery, with respect to the production of documents relating to Brandt fees only, until
4 May 19, 2017 (30 days before trial).
WHEREAS, Intuitive is seeking Brandt fees in connection with its implied covenant of good

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6 faith and fair dealing claim against Illinois Union (see Brandt v. Superior Court, 37 Cal. 3d 813
7 (1985));
WHEREAS, as currently scheduled, the deadline for all fact discovery is November 10, 2016

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9 (Dkt. 186);
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WHEREAS, as currently scheduled, a jury trial is set for June 19, 2017 (Dkt. 186);

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WHEREAS, the parties have met and conferred, and agree that to the extent that Intuitive

12 produces any evidence supporting Brandt fees, including legal bills, invoices, or receipts, such
13 evidence need not be produced until May 19, 2017 (30 days before trial);
NOW THEREFORE, the parties, through the undersigned counsel, hereby stipulate with

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15 respect to the deadlines previously imposed in Case No. 3:13-cv-04863-JST:
•

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that the November 10, 2016 deadline for fact discovery be extended until May 19,

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2017 (30 days before trial) solely for the production of evidence supporting Brandt

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

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20 04863-JST as follows:
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Event

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Fact Discovery Cut-Off

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Current
Schedule
11/10/2016

11/10/2016
(Except for Brandt Fees
Evidence)

N/A

5/19/2017

Deadline to Produce Evidence
Supporting Brandt Fees

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New Schedule

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JOINT STIPULATION RE: DEADLINE TO PRODUCE
EVIDENCE TO SUPPORT BRANDT FEES

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

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DATED: October 25, 2016

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP

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By:

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

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DATED: October 25, 2016

COZEN O’CONNER

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By:

/s/ Charles E. Wheeler
Attorneys for Defendants
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

11 document has been obtained from the signatories above.
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/s/ James P. Schaefer

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JOINT STIPULATION RE: DEADLINE TO PRODUCE
EVIDENCE TO SUPPORT BRANDT FEES

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

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[PROPOSED] ORDER

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PURSUANT TO THE FOREGOING STIPULATION OF THE PARTIES, IT IS

3 ORDERED THAT:
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The prior deadlines in Case No. 3:13-cv-04863-JST are amended as follows:

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Current
Schedule

Event
Fact Discovery Cut-Off

11/10/2016

11/10/2016
(Except for Brandt Fees
Evidence)

N/A

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New Schedule

5/19/2017

Deadline to Produce Evidence
Supporting Brandt Fees

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10 DATED: October 26, 2016

By:

The Honorable Jon S. Tigar
United States District Court Judge

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[PROPOSED] ORDER RE: DEADLINE TO PRODUCE
EVIDENCE TO SUPPORT BRANDT FEES

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