Illinois Union Insurance Company v. Intuitive Surgical, Inc.

Filing 217

STIPULATION AND ORDER re 216 STIPULATION WITH PROPOSED ORDER TO EXTEND DEADLINE TO FILE OPPOSITION TO MOTIONS filed by Intuitive Surgical, Inc. Signed by Judge Jon S. Tigar on May 4, 2017. (wsn, COURT STAFF) (Filed on 5/4/2017)

1 ALLEN RUBY (SBN 47109)
RAOUL D. KENNEDY (SBN 40892)
2 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
525 University Avenue, Suite 1400
3 Palo Alto, CA 94301
Telephone: [phone]
4 Facsimile: [phone]
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiff
INTUITIVE SURGICAL, INC.
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8

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

11 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
15 corporation,
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Defendant.

17 INTUITIVE SURGICAL, INC., a Delaware
corporation,
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Plaintiff,
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v.
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ILLINOIS UNION INSURANCE
21 COMPANY, an Illinois corporation;
NAVIGATORS SPECIALTY INSURANCE
22 CO., a New York corporation,
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CASE NO.: 3:13-cv-04863-JST
CASE NO.: 3:15-cv-04834-JST
JOINT STIPULATION TO EXTEND
DEADLINE FOR INTUITIVE’S
OPPOSITION TO ILLINOIS UNION’S
MOTION TO BIFURCATE AND
MOTION TO REVERSE ORDER OF
PROOF; AND
[PROPOSED] ORDER
Trial Date:

June 19, 2017

Hearing Date: May 26, 2017
Time:
2:00 p.m.
Location:
Courtroom 2, 4th Floor
Oakland Courthouse

Defendants.

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JOINT STIPULATION TO EXTEND DEADLINE FOR OPPOSITION TO
MOTIONS TO BIFURCATE AND REVERSE ORDER OF PROOF

CASE NOS. 3:13-CV-04863-JST;
3:13-CV-04834-JST

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

2 respectfully jointly stipulate, pursuant to Civil Local Rules 6-1(b), 6-2, and 7-12, to extend the
3 current deadline for Intuitive’s oppositions to Illinois Union’s Motion to Bifurcate and Motion to
4 Reverse the Order of Proofs until May 9, 2017.
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WHEREAS, the parties have a pretrial conference scheduled for May 26, 2017;

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WHEREAS, Illinois Union filed two pretrial motions on April 21, 2017 (ECF No. 212

7 (Illinois Union Insurance Company’s Notice of Motion and Motion to Bifurcate Extra-Contractual
8 from Contractual Claims); ECF No. 213 (Illinois Union Insurance Company’s Notice of Motion and
9 Motion to Reverse the Order of Proofs)) to be heard on May 26, 2017, in order to comport with the
10 Northern District of California’s 35-day briefing schedule (see Local Rule 7-2);
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WHEREAS, under that briefing schedule, Intuitive’s oppositions to both motions are due on

12 May 5, 2017, and Illinois Union’s replies to Intuitive’s oppositions are due on May 12, 2017;
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WHEREAS, Illinois Union’s motions are, in part, premised on the idea that Illinois Union

14 would be stipulating to certain elements of Intuitive’s breach of contract claims;
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WHEREAS, Illinois Union has yet to provide such a draft stipulation to Intuitive,

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WHEREAS, Illinois Union has indicated that it will provide such a draft stipulation to

17 Intuitive by Friday, May 5, 2017;
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WHEREAS, in order to potentially streamline the arguments in Illinois Union’s pretrial

19 motions, the parties agree that it will be beneficial to wait until Illinois Union provides Intuitive with
20 a draft stipulation to consider before Intuitive opposes Illinois Union’s motions;
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WHEREAS, Illinois Union agrees to meet the original deadline for its replies to Intuitive’s

22 oppositions (May 12, 2017);
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NOW THEREFORE, the parties, through the undersigned counsel, hereby stipulate with

24 respect to the deadlines previously imposed in Case Nos. 3:13-cv-04863-JST as follows:
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

That the current deadline for Intuitive’s oppositions to Illinois Union’s Motion to

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Bifurcate and Motion to Reverse the Order of Proofs be extended until May 9, 2017.

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

28 04863-JST as follows:
1

JOINT STIPULATION TO EXTEND DEADLINE FOR OPPOSITION TO
MOTIONS TO BIFURCATE AND REVERSE ORDER OF PROOF

CASE NOS. 3:13-CV-04863-JST;
3:13-CV-04834-JST

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Event

Current
Schedule

New Schedule

Intuitive’s Oppositions to Illinois Union’s
Motion to Bifurcate and Motion to Reverse
the Order of Proofs

5/5/2017

5/9/2017

Illinois Union’s Replies to Intuitive’s
Oppositions to Illinois Union’s Motion to
Bifurcate and Motion to Reverse the Order
of Proofs

5/12/2017

No change

Hearing on Illinois Union’s Motion to
Bifurcate and Motion to Reverse the Order
of Proofs

5/26/2017

No change

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DATED: May 4, 2017

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP

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By:

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/s/ Allen Ruby
Attorneys for Plaintiff/Defendant
INTUITIVE SURGICAL, INC.

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DATED: May 4, 2017

COZEN O’CONNER

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By:

/s/ Charles Wheeler
Attorneys for Defendant/Plaintiff
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

23 document has been obtained from the signatories above.
/s/ Allen Ruby

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JOINT STIPULATION TO EXTEND DEADLINE FOR OPPOSITION TO
MOTIONS TO BIFURCATE AND REVERSE ORDER OF PROOF

CASE NOS. 3:13-CV-04863-JST;
3:13-CV-04834-JST

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

3 ORDERED THAT:
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The deadline for Intuitive Surgical Inc’s oppositions to Illinois Union’s Insurance

5 Company’s (“Illinois Union”) Motion to Bifurcate Extra-Contractual from Contractual Claims (ECF
6 No. 212) and Illinois Union’s Motion to Reverse the Order of Proofs (ECF No. 213) is extended to
7 May 9, 2017. The deadlines for Illinois Union’s replies to both motions remain the same.
8 DATED: May 4, 2017

By:

The Honorable Jon S. Tigar
United States District Court Judge

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PROPOSED ORDER

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CASE NOS. 3:13-CV-04863-JST;
3:13-CV-04834-JST