Hartford Fire Insurance Company v. Tempur-Sealy International, Inc. et al

Filing 21

Order by Hon. Vince Chhabria granting 20 Stipulation to Continue October 14, 2014 CMC and Related Deadlines.(knm, COURT STAFF) (Filed on 9/18/2014)

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LAFAYETTE & KUMAGAI LLP
GARY T. LAFAYETTE (CBN 088666)
Email: [e-mail]
APRIL P. SANTOS (CBN 266367)
Email: [e-mail]
101 Mission Street, Suite 600
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
HARTFORD FIRE INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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[phone]
FAX [phone]

ATTORNEYS AT LAW
101 MISSION STREET, SUITE 600
SAN FRANCISCO, CALIFORNIA 9410

LAFAYETTE & KUMAGAI LLP

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HARTFORD FIRE INSURANCE
COMPANY,
Plaintiff,

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vs.

Case No. 3:14-CV-01661-VC
JOINT STIPULATION AND
[PROPOSED] ORDER TO CONTINUE
OCTOBER 14, 2014 CASE
MANAGEMENT CONFERENCE AND
RELATED DEADLINES

TEMPUR-SEALY INTERNATIONAL, INC.,
formerly known as TEMPUR-PEDIC
INTERNATIONAL, INC. and TEMPURPEDIC NORTH AMERICA, LLC,
Complaint filed: April 10, 2014
Defendants.

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Plaintiff HARTFORD FIRE INSURANCE COMPANY (“Plaintiff”) and Defendants

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TEMPUR-SEALY INTERNATIONAL, INC., formerly known as TEMPUR-PEDIC

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INTERNATIONAL, INC. and TEMPUR-PEDIC NORTH AMERICA, LLC (“Defendants”)

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(collectively, the “Parties”), through their respective counsel, hereby stipulate as follows:

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WHEREAS on July 17, 2014, Plaintiff filed an administrative motion to continue the case

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management conference — then set for July 29, 2014 — and all related deadlines because

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Defendants had not yet been served with the summons and complaint;

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WHEREAS on July 18, 2014, the Court issued an order granting Plaintiff’s administrative
motion and setting new case management deadlines as follows:
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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE OCTOBER 14, 2014 CASE
MANAGEMENT CONFERENCE AND RELATED DEADLINES (Case No. 3:14-cv-01661-VC)

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October 14, 2014 at 10:00 a.m.: Case Management Conference

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October 7, 2014: Deadline for the Parties to file a Joint Case Management

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Statement and Proposed Case Management Order.

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3.

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September 23, 2014: Deadline for the Parties to meet and confer pursuant
to Fed. R. Civ. P. 26(f)

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4.

September 23, 2014: Deadline for the Parties to file an ADR Certification

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signed by Parties and Counsel and file either a Stipulation to ADR Process

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or Notice of Need for ADR Phone Conference;

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WHEREAS Defendants were served with the summons and complaint on August 7, 2014,

August 28, 2014;

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[phone]
FAX [phone]

ATTORNEYS AT LAW
101 MISSION STREET, SUITE 600
SAN FRANCISCO, CALIFORNIA 9410

making Defendants’ deadline to file an answer or otherwise respond to Plaintiff’s complaint

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LAFAYETTE & KUMAGAI LLP

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WHEREAS on August 25, 2014, the Parties filed a stipulation extending the time for

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Defendants to respond or otherwise move in response to Plaintiff’s complaint to September 29,

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2014;

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WHEREAS Defendants have not yet filed an Answer or otherwise responded to the
Complaint;
WHEREAS good cause exists for this Stipulation and proposed Order to continue the

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current case management schedule because after Defendants have filed a responsive pleading, the

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Parties will be in a better position to meet and confer regarding a proposed discovery plan and

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case management schedule in advance of appearing before the Court.

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WHEREFORE, IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES:

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That the Case Management Conference currently scheduled for October 14, 2014, be

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continued to December 2, 2014, at 10:00 a.m.;
That the Parties’ deadline to file a Joint Case Management Statement and Proposed Case
Management Order be continued to November 25, 2014;
That the Parties’ deadline to meet and confer pursuant to Fed. R. Civ. P. 26(f) be
continued to November 11, 2014; and
That the Parties’ deadline to file their ADR Certifications and either a Stipulation to ADR
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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE OCTOBER 14, 2014 CASE
MANAGEMENT CONFERENCE AND RELATED DEADLINES (Case No. 3:14-cv-01661-VC)

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Process or Notice of Need for ADR Phone Conference be continued to November 11, 2014.
IT IS SO STIPULATED.

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DATED: September 16, 2014

LAFAYETTE & KUMAGAI LLP

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/s/ April P. Santos
GARY T. LAFAYETTE
APRIL P. SANTOS
Attorneys for Plaintiff HARTFORD FIRE
INSURANCE COMPANY

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DATED: September 16, 2014

MINTZ LEVIN COHN FERRIS GLOVSKY &
POPEO, P.C.

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[phone]
FAX [phone]

ATTORNEYS AT LAW
101 MISSION STREET, SUITE 600
SAN FRANCISCO, CALIFORNIA 9410

LAFAYETTE & KUMAGAI LLP

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/s/ Evan S. Nadel
EVAN S. NADEL
Attorneys for Defendants TEMPUR-SEALY
INTERNATIONAL, INC., formerly known as
TEMPUR-PEDIC INTERNATIONAL, INC. and
TEMPUR-PEDIC NORTH AMERICA, LLC

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SIGNATURE ATTESTATION
I hereby attest that I have obtained the concurrence of Evan S. Nadel, counsel for
Defendants, for the filing of this stipulation.
/s/April P. Santos
APRIL P. SANTOS

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE OCTOBER 14, 2014 CASE
MANAGEMENT CONFERENCE AND RELATED DEADLINES (Case No. 3:14-cv-01661-VC)

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ORDER
THE COURT, having considered the Stipulation of the Parties and good cause appearing,

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orders as follows:

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1.

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The Case Management Conference currently scheduled for October 14, 2014, is

hereby vacated and continued to December 2, 2014 at 10:00 a.m.;
2.

The parties shall file a Joint Case Management Statement and Proposed Case

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Management Order by November 25, 2014, in conformity with the Standing Order for All

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Judges of the Northern District of California. The parties should also consult Judge Chhabria's

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standing orders before filing the Case Management Statement.

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[phone]
FAX [phone]

ATTORNEYS AT LAW
101 MISSION STREET, SUITE 600
SAN FRANCISCO, CALIFORNIA 9410

LAFAYETTE & KUMAGAI LLP

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3.

The parties shall meet and confer pursuant to Fed. R. Civ. P. 26(f) on or before

November 11, 2014; and
4.

The parties shall file an ADR Certification signed by Parties and Counsel and file

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either a Stipulation to ADR Process or Notice of Need for ADR Phone Conference by November

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11, 2014.

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IT IS SO ORDERED.

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September 18
DATED: ________________________, 2014

_____________________________________
THE HONORABLE VINCE CHHABRIA
UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE OCTOBER 14, 2014 CASE
MANAGEMENT CONFERENCE AND RELATED DEADLINES (Case No. 3:14-cv-01661-VC)