Illinois Union Insurance Company v. Intuitive Surgical, Inc.

Filing 88

STIPULATION AND ORDER re 85 STIPULATION WITH PROPOSED ORDER Extending Court Dates filed by Intuitive Surgical, Inc. Signed by Judge Jon S. Tigar on September 15, 2015. (wsn, COURT STAFF) (Filed on 9/15/2015)

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THOMAS M. JONES (Pro Hac Vice)
CHARLES E. WHEELER (SBN 82915)
AMANDA M. LORENZ (SBN 264336)
COZEN O’CONNOR
501 West Broadway, Suite 1610
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
ILLINOIS UNION INSURANCE COMPANY

JOHN S. PIERCE (SBN 074908)
DAVID J. MCMAHON (SBN 120891)
PETER J. FELSENFELD (SBN 260433)
HINSHAW & CULBERTSON LLP
One California Street
18th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
NAVIGATORS SPECIALTY INSURANCE
COMPANY

ALLEN RUBY (SBN 47109)
RAOUL D. KENNEDY (SBN 40892)
JAMES P. SCHAEFER (SBN 250417)
SKADDEN, ARPS, SLATE, MEAGHER &
FLOM LLP
525 University Avenue
Palo Alto, CA 94301
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

RONALD P. SCHILLER (Pro hac vice)
SHARON F. MCKEE (Pro hac vice)
JACQUELINE R. DUNGEE (Pro hac vice)
HANGLEY ARONCHICK SEGAL PUDLIN
& SCHILLER
One Logan Square, 27th Floor
Philadelphia, Pennsylvania 19103
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

Attorneys for Defendant/Third Party Plaintiff
INTUITIVE SURGICAL, INC.

Attorneys for Third Party Defendant
IRONSHORE SPECIALTY INSURANCE
COMPANY

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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, an Illinois corporation
Plaintiff,
v.
INTUITIVE SURGICAL, INC., a
Delaware corporation,
Defendant.

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Case No.: 3:13-cv-04863-JST
STIPULATION AND [PROPOSED] ORDER
EXTENDING COURT DATES
Judge: Honorable J. Tigar

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STIPULATION AND [PROPOSED] ORDER EXTENDING COURT DATES

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NAVIGATORS SPECIALTY
INSURANCE COMPANY, a Delaware
corporation

) Case No.: 3:13-cv-005801-JST
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Plaintiff,
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v.
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INTUITIVE SURGICAL, INC., a
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Delaware corporation,
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Defendant.
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INTUITIVE SURGICAL, INC., a
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Delaware corporation,
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Cross-Complainant, )
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v.
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IRONSHORE SPECIALTY
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INSURANCE COMPANY, an Arizona
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corporation,
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Cross-Defendant..
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WHEREAS, plaintiff Illinois Union Insurance Company filed a complaint for rescission of
insurance policy against defendants Intuitive Surgical, Inc. (“Intuitive”) on October 21, 2013;
WHEREAS, plaintiff Navigators Specialty Insurance Company filed a complaint for
rescission of insurance policy against Intuitive on December 16, 2013;
WHEREAS, Intuitive filed a third party complaint against third party defendant Ironshore

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Specialty Insurance Company (“Ironshore”) for breach of contract and bad faith on March 3, 2015

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seeking over $15 million in damages;

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WHEREAS, on March 19, 2015, before Ironshore had answered the third party complaint,

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had an opportunity to fully develop its defenses and counterclaim or had obtained any discovery

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from the parties, and before the parties anticipated the scope of discovery still to come the parties

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filed a Stipulation and [Proposed] Order Extending Court Dates in Light of Impleader of Ironshore

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Specialty Insurance and the Court entered an Order Amending Case Schedule containing the current

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case dates and deadlines;

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WHEREAS, Ironshore filed its answer and counterclaims on April 14, 2015;

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STIPULATION AND [PROPOSED] ORDER EXTENDING COURT DATES

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WHEREAS, Ironshore’s counterclaims raise numerous, substantial coverage issues that

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were not raised by Illinois Union or Navigators and that involve extensive discovery concerning the

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approximately 1700 putative claims asserted by Intuitive;

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WHEREAS, Ironshore served comprehensive interrogatories and document requests on

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Intuitive on April 24, 2015, in an effort to complete fact discovery to support its defenses and

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counterclaims by the October 15, 2015 deadline;

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WHEREAS, some disputes have arisen among the parties on issues of confidentiality and

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privilege that the parties cannot resolve without assistance of the Court due to the nature of these

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issues and that, with respect to privilege, will necessitate in camera review;

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WHEREAS, throughout the last several months the parties have been diligently working

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together to schedule depositions before the close of discovery on October 15, 2015 and numerous

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depositions have been completed in California, New York, Chicago and Massachusetts;

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WHEREAS, there are several more depositions that need to be conducted and substantial
categories of documents that Intuitive has agreed to produce but not yet produced;
WHEREAS, while the parties have conducted extensive fact discovery, taken multiple

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depositions, and produced a substantial amount of documents in an effort to meet the present

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October 15, 2015 deadline for fact discovery;

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WHEREAS, the parties agree that substantial discovery is still outstanding;

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WHEREAS, the parties also continue to meet-and-confer regarding various discovery

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disputes in an effort to obviate the need for Court intervention; and
WHEREAS, given the scope of discovery, the parties now recognize that the deadlines set in

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March, 2015 have not proven realistic or workable in practice;

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WHEREFORE, the parties herein stipulate as follows:

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1.

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Court’s approval:

The parties stipulate to amend the calendar for this action as follows, subject to the

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STIPULATION AND [PROPOSED] ORDER EXTENDING COURT DATES

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Event

Current Date

Proposed Date

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Close of Fact Discovery

October 15, 2015

January 15, 2016

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Mediation Deadline

December 16, 2015

February 16, 2016

Designation of Experts

November 9, 2015

February 1, 2016

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Expert Reports Due

December 9, 2015

March 1, 2016

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Deadline to File Dispositive Motions

January 8, 2016

March 15, 2016

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Designation of Rebuttal Experts

January 12, 2016

April 1, 2016

Rebuttal Reports Due

January 29, 2016

April 15, 2016

Close of Expert Discovery

February 29, 2016

May 15, 2016

Pretrial Conference Statement Due

May 31, 2016

May 31, 2016

Pretrial Conference

June 10, 2016

June 10, 2016

Trial

July 5, 2016

July 5, 2016

Estimate of trial length (in days)

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2.

The parties have maintained the current pre-trial and trial dates; however, the parties

are amenable to moving those dates if the Court prefers.

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STIPULATION AND [PROPOSED] ORDER EXTENDING COURT DATES

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Dated: September 11,_2015

/s/ Charles E. Wheeler____
Thomas M. Jones
Charles E. Wheeler
Amanda M. Lorenz
COZEN O’CONNOR
Attorneys for Plaintiff
ILLINOIS UNION INSURANCE
COMPANY

Dated: September 11,_2015

/s/ John S. Pierce________
David J. McMahon
Peter Felsenfeld
HINSHAW & CULBERTSON LLP
Attorneys for Plaintiff
NAVIGATORS SPECIALTY
INSURANCE COMPANY

Dated: September 11,_2015

/s/ Raoul Kennedy______
Allen Ruby
Raoul Kennedy
James P. Schaefer

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SKADDEN, ARPS, SLATE, MEAGHER &
FLOM LLP
Attorneys for Defendant
INTUITIVE SURGICAL, INC.

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Dated: September 11,_2015

/s/Ronald P. Schiller
Ronald P. Schiller
Sharon F. McKee
Jacqueline R. Dungee
HANGLEY ARONCHICK SEGAL
PUDLIN & SCHILLER
GARY T. LAFAYETTE
APRIL P. SANTOS
LAFAYETTE & KUMAGAI LLP
101 Mission Street, Suite 600
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff
IRONSHORE SPECIALTY INSURANCE
COMPANY

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STIPULATION AND [PROPOSED] ORDER EXTENDING COURT DATES

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: September 15, 2015

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By:________________________________

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Hon. Jon S. Tigar

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U.S. DISTRICT COURT JUDGE

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STIPULATION AND [PROPOSED] ORDER EXTENDING COURT DATES

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FILER’S ATTESTATION

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I, Raoul D. Kennedy, am the ECF user whose identification and password are being used to

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file this STIPULATION AND [PROPOSED] ORDER EXTENDING COURT DATES. In

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compliance with Local Rule 5-1(i)(3), I hereby attest that all party signatories hereto concur in this

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filing.

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/s/ Raoul D. Kennedy
Raoul D. Kennedy

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STIPULATION AND [PROPOSED] ORDER EXTENDING COURT DATES