National Union Fire Insurance Company of Pittsburgh, PA v. NVIDIA Corporation

Filing 81

ORDER re 74 granting Stipulated Request to Extend Time for Mediation. Signed by Judge Claudia Wilken on 10/1/09. (scc, COURT STAFF) (Filed on 10/1/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

Mary E. McCutcheon (State Bar No. 099939) [e-mail] Karen P. Kimmey (State Bar No. 173284) [e-mail] Amanda D. Hairston (State Bar No. 251096) [e-mail] Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counter-Claimant NVIDIA CORPORATION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Plaintiff, vs. NVIDIA CORPORATION, Defendant.

Case No. C 09-2046 CW STIPULATED REQUEST TO EXTEND TIME FOR MEDIATION AND ORDER

NVIDIA CORPORATION, Counter-claimant, vs. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Counter-defendant.

STIPULATED REQUEST TO EXTEND TIME FOR MEDIATION AND [PROPOSED] ORDER

Case No. 09-2046 CW

24663\2050285.1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

Plaintiff and Counter-Defendant NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA and Defendant and Counter-Claimant NVIDIA CORPORATION respectfully submit the following stipulated request: WHEREAS, on August 25, 2009, this Court issued a Scheduling Order requiring the parties to participate in a mediation by November 18, 2009; WHEREAS, the parties in this matter have agreed to use the same mediator -- the Hon. Layn R. Philips (ret.) -- for this insurance coverage dispute that will be mediating the NVIDIA GPU Litigation pending before Judge James Ware ; WHEREAS, the Hon. Layn Philips (ret.) does not have any dates available for mediations until December 9, 2009; WHEREAS, the parties have scheduled a mediation of this coverage dispute before Judge Philips on December 15, 2009 ­ the first date available on the calendars of Judge Philips and all the necessary participants; WHEREAS, the parties are required to attend the mediation in person pursuant to ADR LR 6-10 and will not further delay the mediation date absent an unforeseen and exceptional circumstance and a showing of good cause; WHEREAS, an extension in time to conduct the mediation by December 15, 2009 does not affect the case schedule; THEREFORE, the parties respectfully request that the Court grant an extension until December 15, 2009, for the parties to conduct a mediation pursuant to ADR L-R 6.

DATED: September 24, 2009

BATES & CAREY LLP

By:

/s/ Richard H. Nicolaides

Attorneys for Plaintiff and Counter-Defendant NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA

STIPULATED REQUEST TO EXTEND TIME FOR MEDIATION AND [PROPOSED] ORDER

1
24663\2050285.1

Case No. 09-2046 CW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

DATED: September 24, 2009

FARELLA BRAUN & MARTEL LLP By: /s/ Amanda D. Hairston

Attorneys for Defendant and Counter-Claimant NVIDIA CORPORATION.

1.

The stipulating parties shall appear December 15, 2009 to conduct a mediation

pursuant to ADR L-R 6. 2. The stipulating parties and their counsel are required to attend the mediation in

person pursuant ADR L-R 6-10. 3. The mediation date will not be further delayed absent an unforeseen and

exceptional circumstance and a showing of good cause. 10/1/09 Dated: The Honorable Claudia Wilken

STIPULATED REQUEST TO EXTEND TIME FOR MEDIATION AND [PROPOSED] ORDER

Case No. 09-2046 CW

2

24663\2050285.1