The Insurance Company of the State of Pennsylvania v. Plantronics Inc

Filing 18

STIPULATION AND ORDER re 17 STIPULATION WITH PROPOSED ORDER filed by The Insurance Company of the State of Pennsylvania. Case Management Statement due by 4/9/2014. Initial Case Management Conference set for 4/23/2014 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on April 1, 2014. (wsn, COURT STAFF) (Filed on 4/1/2014)

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 James P. Wagoner, #58553
[e-mail]
3 Robert K. Landen, #149407
[e-mail]
4 Chet Neilson, #267545
[e-mail]
5 7647 North Fresno Street
Fresno, California 93720
6 Telephone:
[phone]
Facsimile:
[phone]
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Attorneys for Plaintiff THE INSURANCE
8 COMPANY OF THE STATE OF
PENNSYLVANIA
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
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THE INSURANCE COMPANY OF THE
13 STATE OF PENNSYLVANIA,

Case No. 3:13-cv-05678-JST

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STIPULATION AND [PROPOSED]
ORDER CONTINUING INITIAL CASE
MANAGEMENT CONFERENCE

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Plaintiff,
v.

16 PLANTRONICS, INC.,
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Defendant.

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The parties hereto, through their undersigned counsel, hereby stipulate as follows:

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Recitals
The parties participated in a mediation on March 25, 2014 with Hon. Rebecca Westerfield

22 (Ret.), during which a mediator’s proposal was made. Declaration of James P. Wagoner (“Wagoner
23 Decl.”), ¶2. Both parties are actively considering the mediator’s proposal, which will expire on April
24 8, 2014. Wagoner Decl., ¶3.
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The Initial Case Management Conference (“CMC”) is currently scheduled in the above-

26 captioned matter for April 9, 2014 at 2:00 p.m. in Courtroom 9 of this Court. Wagoner Decl., ¶4;
27 Docket No. 12. The parties have made one previous unsuccessful request to have the CMC continued.
28 Wagoner Decl., ¶5; Docket No. 11. The current deadline for the parties to file their joint case
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE

1 management conference statement is March 26, 2014. Wagoner Decl., ¶6; Docket No. 9.
In light of the pending mediator’s proposal, which expires the day before the currently

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3 scheduled Initial Case Management Conference, the parties desire to focus their resources and
4 consideration on the proposal and further attempts to settle this dispute. The parties believe that doing
5 so will increase the likelihood that this matter will resolve through settlement prior to expiration of the
6 mediator’s proposal. Wagoner Decl., ¶7. Accordingly, the parties respectfully request that the Court
7 1) continue the CMC currently scheduled for April 9, 2014 to April 23, 2014; and 2) continue the

8 deadline to file the joint case management conference statement from March 26, 2014 to April 9,
9 2014.
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Stipulation
The parties hereby stipulate 1) that the CMC currently scheduled for April 9, 2014 may be

12 continued to April 23, 2014; and 2) that the deadline to file the joint case management conference
13 statement may be continued to April 9, 2014.
14 Dated: March 26, 2014

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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By:

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James P. Wagoner
Robert K. Landen
Chet Neilson
Attorneys for Plaintiff THE INSURANCE
COMPANY OF THE STATE OF
PENNSYLVANIA

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Dated: March 26, 2014

ADLESON, HESS & KELLY, APC

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By:

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Randy M. Hess
Pamela A. Bower
Attorneys for Defendant PLANTRONICS, INC.

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

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STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE

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ORDER
Pursuant to the parties’ stipulation and supporting declaration, it is hereby ORDERED: 1) that

3 the Initial Case Management Conference currently scheduled in this matter for April 9, 2014 is
4 continued to April 23, 2014; and 2) that the deadline for the parties to file their joint case management
5 conference statement is continued to April 9, 2014.
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7 Dated: April 1, 2014

___________________________________
The Honorable Jon S. Tigar
Judge, United States District Court

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

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STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE