Illinois Union Insurance Company v. Intuitive Surgical, Inc.
Filing
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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: (619) 234-1700
Facsimile: (619) 234-7831
tjones@cozen.com
cwheeler@cozen.com
alorenz@cozen.com
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: (415) 362-6000
Facsimile: (415) 834-9070
jpierce@mail.hinshawlaw.com
dmcmahon@mail.hinshawlaw.com
pfelsenfeld@mail.hinshawlaw.com
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: (650) 470-4500
Facsimile: (650) 470-4570
Allen.Ruby@skadden.com
Raoul.Kennedy@skadden.com
James.Schaefer@skadden.com
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: (215) 568-6200
Facsimile: (215) 568-0300
Email: rschiller@hangley.com
smckee@hangley.com
jdungee@hangley.com
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: (415) 357-4600
Facsimile: (415) 357-4605
glafayette@lkclaw.com
asantos@lkclaw.com
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
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