Braden Partners, LP et al v. Twin City Fire Insurance Company

Filing 145

STIPULATION AND ORDER re 144 STIPULATION WITH PROPOSED ORDER REGARDING BRIEFING AND HEARING SCHEDULE FOR CROSS MOTIONS FOR PARTIAL SUMMARY JUDGMENT filed by Teijin Pharma USA, LLC, Braden Partners, LP. Motions due 9/29/2016. Oppositions due 10/20/2016. Replies due 11/3/2016. Hearing 12/1/2016. Signed by Judge Jon S. Tigar on August 24, 2016. (wsn, COURT STAFF) (Filed on 8/24/2016)

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DARREN S. TESHIMA (STATE BAR NO. 238875)
[e-mail]
HARRY J. MOREN (STATE BAR NO. 284311)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
The Orrick Building
405 Howard Street
San Francisco, California 94105-2669
Telephone:
415-773-5700
Facsimile:
415-773-5759

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Attorneys for Plaintiffs
BRADEN PARTNERS, LP and
TEIJIN PHARMA USA, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BRADEN PARTNERS, LP, d/b/a PACIFIC
PULMONARY SERVICES, a California limited
partnership, and TEIJIN PHARMA USA, LLC,
d/b/a PACIFIC PULMONARY SERVICES, a
Delaware limited liability company;
Plaintiffs,

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Case No. 14-cv-01689-JST
STIPULATION REGARDING
BRIEFING AND HEARING
SCHEDULE FOR CROSS MOTIONS
FOR PARTIAL SUMMARY
JUDGMENT

v.
TWIN CITY FIRE INSURANCE COMPANY,
a Connecticut corporation;

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Defendant.
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TO THE COURT, ALL PARTIES, AND THEIR COUNSEL OF RECORD:
Pursuant to Civil Local Rule 7-12, Plaintiffs Braden Partners, LP, and Teijin Pharma

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USA, LLC (together, “Pacific Pulmonary Services”) on the one hand, and Defendant Twin City

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Fire Insurance Company (“Twin City”) on the other hand, by and through their counsel of record

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herein, stipulate as follows:

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STIPULATION RE SCHEDULE FOR CROSS
MOTIONS FOR SUMMARY JUDGMENT
CASE NO. 14-CV-01689-JST

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RECITALS

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WHEREAS on April 5, 2016, the Court issued a Scheduling Order, which set the deadline
to file dispositive motions as October 28, 2016, ECF No. 132;

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WHEREAS the parties anticipate filing cross motions for partial summary judgement on

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Plaintiffs’ First Claim for Relief (Declaratory Relief to Establish the Duty to Advance Defense

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Costs for the Claim); and

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WHEREAS on August 19, 2016, during a telephonic case management conference, the

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Court invited the parties to “file a stipulation with proposed briefing and hearing schedule for

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their anticipated cross motions for summary judgment,” ECF No. 143.

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IT IS HEREBY STIPULATED AND AGREED:

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That the parties may file their anticipated cross motions for partial summary judgment on

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Plaintiffs’ First Claim for Relief according to the following proposed briefing and hearing

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schedule.

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Event

Deadline

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Motions due

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December 1, 2016 at 2:00 p.m.

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November 3, 2016

Hearing

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October 20, 2016

Replies due

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September 29, 2016

Oppositions due

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STIPULATION RE SCHEDULE FOR CROSS
MOTIONS FOR SUMMARY JUDGMENT
CASE NO. 14-CV-01689-JST

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Respectfully submitted,
Dated: August 24, 2016

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MAYNARD, COOPER & GALE, P.C.
By:

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/s/ Christopher C. Frost
CHRISTOPHER C. FROST
Attorneys for Defendant
TWIN CITY FIRE INSURANCE COMPANY

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Dated: August 24, 2016

ORRICK, HERRINGTON & SUTCLIFFE LLP
By:

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/s/ Darren S. Teshima
DARREN S. TESHIMA
Attorneys for Plaintiffs
BRADEN PARTNERS, LP and
TEIJIN PHARMA USA, LLC

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The filer of this document attests that concurrence in the filing has been obtained from the
other signatory, Christopher C. Frost of Maynard, Cooper & Gale, P.C.

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ORRICK, HERRINGTON & SUTCLIFFE LLP

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By:

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/s/ Darren S. Teshima
DARREN S. TESHIMA
Attorneys for Plaintiffs
BRADEN PARTNERS, LP and
TEIJIN PHARMA USA, LLC

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: August 24, 2016

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JON S. TIGAR
United States District Judge

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STIPULATION RE SCHEDULE FOR CROSS
MOTIONS FOR SUMMARY JUDGMENT
CASE NO. 14-CV-01689-JST