Intuitive Surgical, Inc. v. Illinois Union Insurance Company et al

Filing 18

STIPULATION AND ORDER re 17 STIPULATION WITH PROPOSED ORDER TO EXTEND TIME TO FILE OPPOSITION AND REPLY BRIEFS AND CONTINUE HEARING (DEFENDANT NAVIGATORS SPECIALTY INSURANCE CO.S MOTION TO DISMISS COMPLAINT PURSUANT TO FRCP 12(b)(6)) filed by Intuitive Surgical, Inc. Signed by Judge Jon S. Tigar on December 22, 2015. (wsn, COURT STAFF) (Filed on 12/22/2015)

1 ALLEN RUBY (SBN 47109)
RAOUL D. KENNEDY (SBN 40892)
2 JAMES P. SCHAEFER (SBN 250417)
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
3 525 University Avenue, Suite 1400
Palo Alto, CA 94301
4 Telephone: [phone]
Facsimile: [phone]
5 [e-mail]
[e-mail]
6 [e-mail]
7 Attorneys for Plaintiff
INTUITIVE SURGICAL, INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

12 INTUITIVE SURGICAL, INC.,
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CASE NO.: 5:15-cv-4834-JST

Plaintiff,
v.

15 ILLINOIS UNION INSURANCE
COMPANY, an Illinois corporation;
16 NAVIGATORS SPECIALTY INSURANCE
CO., a New York corporation
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Defendants.
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JOINT STIPULATION TO EXTEND
TIME TO FILE OPPOSITION AND
REPLY BRIEFS AND CONTINUE
HEARING (DEFENDANT
NAVIGATORS SPECIALTY
INSURANCE CO.’S MOTION TO
DISMISS COMPLAINT PURSUANT TO
FRCP 12(b)(6)); and
[PROPOSED] ORDER
Hearing Date:
Time:
Courtroom:
Judge:

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February 11, 2016
2 p.m.
9, 19th Floor
Hon. Jon S. Tigar

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JOINT STIP. TO EXTEND TIME RE: NAVIGATORS’ MTD

CASE NO. 5:15-CV-4834-JST

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Plaintiff Intuitive Surgical Inc. (“Intuitive”) and Defendant Navigators Specialty Insurance

2 Company (“Navigators”) jointly stipulate, pursuant to Civil Local Rules 6-1(b), 6-2, and 7-12, to
3 extend the time to file any opposition and reply brief regarding Navigators’ Motion to Dismiss
4 Complaint Pursuant to FRCP 12(b)(6) (Dkt. 13) (the “Motion to Dismiss”).
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WHEREAS, on December 18, 2015, Navigators filed its Motion to Dismiss and set the

6 motion for hearing on February 4, 2016;
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WHEREAS, the Court continued the hearing for Navigators’ Motion to Dismiss from

8 February 4, 2016 to February 11, 2016;
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WHEREAS, as currently scheduled, Intuitive’s opposition to Navigators’ Motion to

10 Dismiss would be due January 4, 2016 and Navigators’ reply would be due January 11, 2016;
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WHEREAS, given the pending holidays, Intuitive requested a one week extension to

12 respond to Navigators’ Motion to Dismiss, to which Navigators agreed;
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Now therefore, the parties, through the undersigned counsel, hereby stipulate as follows:

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•

that the deadline for filing any opposition to Navigators’ Motion to Dismiss be

15 extended to January 11, 2016;
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•

that the deadline for filing any reply in support of Navigators’ Motion to Dismiss be

17 extended to January 25, 2016;
18 DATED: December 21, 2015
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SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP

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By:

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/s/ James P. Schaefer
Attorneys for Plaintiff
INTUITIVE SURGICAL, INC.

HINSHAW & CULBERTSON LLP

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By:

/s/ Peter Felsenfeld
Attorneys for Defendant
NAVIGATORS SPECIALTY INSURANCE COMPANY

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JOINT STIP. TO EXTEND TIME RE: NAVIGATORS’ MTD

CASE NO. 5:15-CV-4834-JST

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Pursuant to Civil Local Rule 5-1(i), the filer attests that concurrence in the filing of this

2 document has been obtained from the signatories above.
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_____/s/ James P. Schaefer_________

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JOINT STIP. TO EXTEND TIME RE: NAVIGATORS’ MTD

CASE NO. 5:15-CV-4834-JST

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[PROPOSED] ORDER
PURSUANT TO THE FOREGOING STIPULATION OF THE PARTIES, IT IS

3 ORDERED THAT:

to January 25, 2016.

December 22
10 DATED: __________________, 2015
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UNIT
ED

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8 IT IS SO ORDERED.

S DISTRICT
TE
C
TA

ED

DER
___________________________________
SO OR
IT IS

NO

The Honorable Jon. S. Tigar
United States District CourtgJudge
ar

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S . Ti

R NIA

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2. the deadline for filing any reply in support of Navigators’ Motion to Dismiss be extended

FO

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Pursuant to FRCP 12(b)(6) (“Motion to Dismiss”) be extended to January 11, 2016;

LI

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1. the deadline for filing any opposition to Navigators’ Motion to Dismiss Complaint

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D IS T IC T O
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[PROPOSED] ORDER EXTENDING TIME RE: NAVIGATORS’ MTD

CASE NO. 5:15-CV-4834-JST