The Phoenix Insurance Company et al v. Infinity Contact, Inc. et al

Filing 14

JOINT STIPULATION AND ORDER RE 13 TO EXTEND DEADLINE TO RESPOND TO COMPLAINT AND TO EXTEND INITIAL COURT ORDERED DEADLINES. Case Management Conference set for 5/15/2014 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 3/26/14. (cl, COURT STAFF) (Filed on 3/26/2014)

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Michael T. Jones (SBN 290660)
[e-mail]
Nicole L. Chessari (SBN 259970)
[e-mail]
GOODWIN PROCTER LLP
135 Commonwealth Drive
Menlo Park, California 94025-1105
Tel.: [phone]
Fax.: [phone]
Attorneys for Defendant
NUANCE COMMUNICATIONS, INC.

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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THE PHOENIX INSURANCE COMPANY, a
Connecticut corporation; and THE
TRAVELERS INDEMNITY COMPANY, a
Connecticut corporation,

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Plaintiffs,
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v.
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INFINITY CONTACT, INC., an Iowa
corporation; and NUANCE
COMMUNICATIONS, INC., a Delaware
corporation,

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CASE NO. 3:13-cv-05905-RS
JOINT STIPULATION AND
[PROPOSED] ORDER TO EXTEND
DEADLINE TO RESPOND TO
COMPLAINT AND TO EXTEND
INITIAL COURT ORDERED
DEADLINES

Defendants.

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DEMAND FOR JURY

Judge: Honorable Richard Seeborg
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ACTIVE/71956921.1

JOINT STIPULATION TO EXTEND TIME
Case No. 3:13-cv-05905-RS

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Pursuant to Federal Rule of Civil Procedure 6(b) and Local Rule 6-1(b), Defendants

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INFINITY CONTACT, INC. (“Infinity”) and NUANCE COMMUNICATIONS, INC. (“Nuance”)

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(collectively, “Defendants”) and Plaintiffs THE PHOENIX INSURANCE COMPANY and THE

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TRAVELERS INDEMNITY COMPANY (“Plaintiffs”), by and through their attorneys, hereby

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stipulate as follows:

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WHEREAS, on December 19, 2013, Plaintiffs filed a Complaint with the clerk of the District
Court for the Northern District of California;
WHEREAS, on December 20, 2013, the Court issued its Order Setting Initial Case
Management Conference and ADR Deadlines (Dkt. #5) (the “Court’s Initial Order”);
WHEREAS, pursuant to the Court’s Initial Order, the following deadlines were established:

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Deadline to Meet and Confer and
file ADR Certification and Notices
Deadline for Filing Rule 26(f) Report,
Completing Initial Disclosures, and Filing
Joint Case Management Statement
Case Management Conference

April 1, 2014
April 15, 2014

April 17, 2014

WHEREAS, Plaintiffs did not request waiver of service from Defendants and deferred

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service of the Complaint in order to confer with Defendants about potential resolution of the issues

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short of litigation. Specifically, the parties discussed whether and to what extent Travelers would be

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willing to contribute to the settlement of the claims against Infinity and Nuance in the Underlying

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Lawsuit, as defined in the Complaint;

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WHEREAS, on March 5, 2014, approximately three weeks ago, Plaintiffs served Nuance
with the Complaint;
WHEREAS, on March 6, 2014, approximately three weeks ago, Plaintiffs served Infinity
with the Complaint;
WHEREAS, under Federal Rule of Civil Procedure 12(a)(1), Nuance’s and Infinity’s current

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deadline to answer or otherwise respond to the Complaint are March 26, 2014 and March 27, 2014,

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respectively;

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ACTIVE/71956921.1

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JOINT STIPULATION TO EXTEND TIME
Case No. 3:13-cv-05905-RS

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WHEREAS, Defendants and Plaintiffs have agreed to an extension of the current deadlines

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to answer or otherwise respond to the Complaint until April 10, 2014, so that parties may engage in

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settlement discussions; so that Defendants may properly investigate, evaluate, and respond to

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Plaintiffs’ claims; and so as to allow the parties the opportunity to properly prepare for the Case

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Management Conference in the event a resolution is not immediately reached;

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WHEREAS, counsel for all parties further agreed to an extension of the deadlines set by the
Court’s Initial Order as follows:

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May 1, 2014

Deadline to Meet and Confer and
file ADR Certification and Notices
Deadline for Filing Rule 26(f) Report,
Completing Initial Disclosures, and Filing
Joint Case Management Statement
Case Management Conference

May 9, 2014

May 15, 2014

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WHEREAS, no party will be prejudiced by the stipulated-to extension;

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WHEREAS, this stipulation is without prejudice to, or waiver of, any rights or defenses

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otherwise available to the Parties in this action;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between the parties
hereto that:
1) Defendants shall have through and including April 10, 2014 to answer or otherwise
respond to the Complaint in this action;
2) Deadline for the parties to meet and confer and file ADR certification and notices shall be
May 1, 2014;
3) Deadline for filing Rule 26(f) Report, completing initial disclosures, and filing joint case
management statement shall be May 9, 2014; and

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ACTIVE/71956921.1

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JOINT STIPULATION TO EXTEND TIME
Case No. 3:13-cv-05905-RS

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4) The initial case management conference shall be scheduled for May 15, 2014.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: March 25, 2014

Respectfully submitted,

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By: /s/ Mark D. Peterson
Mark D. Peterson
CATES PETERSON LLP
4100 Newport Place, suite 230
Newport Beach, CA 92660
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs
The Phoenix Insurance Company and The
Travelers Indemnity Company

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Dated: March 25, 2014

Respectfully submitted,

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By: /s/ Alan Palmer Jacobus
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Alan Palmer Jacobus
Offices of Alan Palmer Jacobus
2165 Beach Street, Number 5
San Francisco, CA 94123
Tel: [phone]
Email: [e-mail]

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Attorneys for Defendant
Infinity Contact, Inc.

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Dated: March 25, 2014

Respectfully submitted,

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By: /s/ Michael T. Jones

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Michael T. Jones (SBN 661336)
Nicole L. Chessari (SBN 259970)
GOODWIN PROCTER LLP
135 Commonwealth Drive
Menlo Park, California 94025-1105
Tel.: [phone]
Fax.: [phone]

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Attorneys for Defendant
Nuance Communications, Inc.

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ACTIVE/71956921.1

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JOINT STIPULATION TO EXTEND TIME
Case No. 3:13-cv-05905-RS

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: 3/26/14

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HONORABLE RICHARD SEEBORG
United States District Judge

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ACTIVE/71956921.1

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JOINT STIPULATION TO EXTEND TIME
Case No. 3:13-cv-05905-RS