Seagate Technology LLC et al v. National Union Fire Insurance Company of Pittsburgh, PA et al

Filing 43

ORDER re 41 Granting Stipulation For Order Changing Time Pursuant To Civil L.R. 6-2. Case Management Conference set for 12/9/2010 02:00 PM. Motion Hearing set for 12/9/2010 02:00 PM. Signed by Judge Claudia Wilken on 5/10/2010. (ndr, COURT STAFF) (Filed on 5/10/2010)

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Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

Mary E. McCutcheon (State Bar No. 099939) [e-mail] Tyler C. Gerking (State Bar No. 222088) [e-mail] Brett R. Wheeler (State Bar No. 260714) [e-mail] Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs SEAGATE TECHNOLOGY LLC, SEAGATE TECHNOLOGY INTERNATIONAL, SEAGATE SINGAPORE INTERNATIONAL HEADQUARTERS PTE LTD UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

SEAGATE TECHNOLOGY LLC, a Delaware corporation, SEAGATE TECHNOLOGY INTERNATIONAL, a Cayman Islands Company; SEAGATE SINGAPORE INTERNATIONAL HEADQUARTERS PTE LTD, a Singapore corporation, Plaintiffs, vs. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, a Pennsylvania corporation; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, a Pennsylvania corporation, Defendants.

Case No. 4:09-cv-04120-CW STIPULATED REQUEST FOR ORDER CHANGING TIME PURSUANT TO CIVIL L.R. 6-2; [PROPOSED] ORDER Judge: Courtroom: Complaint Filed: Hon. Claudia Wilken 2 September 4, 2009

Pursuant to Civil L.R. 6-2, the parties, through their undersigned counsel, submit the following stipulation and request an order changing time: WHEREAS, the Court filed a Minute Order and Case Management Order on December
STIP. REQUEST FOR ORDER CHANGING TIME; [PROPOSED] ORDER -- CASE NO. CV-09-4120-CW 23143\2245144.1

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Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

18, 2009 (the "December 18 Order"), which set the schedule for the above-captioned case as follows: · 1/12/10: Completion of briefing on Plaintiffs' summary judgment motion as to Defendant Insurance Company of the State of Pennsylvania's ("ISOP") duty to defend and Defendants' motion to compel arbitration · · · · · · · 3/31/10: 6/15/10: 6/18/10: 7/09/10: 7/30/10: 8/12/10: 8/26/10: Completion of ADR session Completion of fact discovery Disclosure of identities and reports of expert witnesses Disclosure of expert rebuttal reports Completion of expert discovery Defendants to file case-dispositive motion Plaintiff to file opposition to case-dispositive motion and any cross-motion · · · 9/2/10: 9/9/10: 9/23/10: Defendants to file reply/opposition to cross-motion Plaintiff to file reply in support of cross-motion Hearing of all case-dispositive motions and further case management conference · · 3/29/11: 4/11/11: Final pre-trial conference 10-day jury trial to begin

WHEREAS, the parties completed briefing on Plaintiffs' summary judgment motion and Defendants' motion to compel arbitration and the ADR session within the schedule set forth in the December 18 Order; WHEREAS, the parties have engaged in fact discovery and are continuing to do so; WHEREAS, neither Plaintiffs nor Defendants expect to be able to complete fact discovery by the June 15, 2010 deadline; WHEREAS, the parties believe and agree that they need approximately four months from today's date to complete fact discovery, as they require additional written and document
STIP. REQUEST FOR ORDER CHANGING TIME; [PROPOSED] ORDER -- CASE NO. CV-09-4120-CW

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Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

discovery, the resolution of disputes regarding written and document discovery, and the taking of depositions; WHEREAS, the deadlines for the completion of fact and expert discovery and the hearing of dispositive motions may be extended without any effect on the current final pre-trial conference and the trial date; WHEREAS, the parties have never before requested from this Court an extension of any deadline in this case; THEREFORE, IT IS HEREBY STIPULATED THAT: Subject to the Court's approval of this Stipulation, the schedule set forth in the December 18 Order shall be modified as follows: · · · · · · 8/27/10: 8/30/10: 9/20/10: 10/8/10: 10/21/10: 11/4/10: Completion of fact discovery Disclosure of identities and reports of expert witnesses Disclosure of expert rebuttal reports Completion of expert discovery Defendants to file case-dispositive motion Plaintiff to file opposition to case-dispositive motion and any cross-motion · · · 11/11/10: 11/18/10: Defendants to file reply/opposition to cross-motion Plaintiff to file reply in support of cross-motion

12/9/10 at 2:00 p.m.: Hearing of all case-dispositive motions and further case management conference

· ·

3/29/11 at 2:00 p.m.: Final pre-trial conference (UNCHANGED) 4/11/11 at 8:30 a.m.: 10-day jury trial to begin (UNCHANGED)

STIP. REQUEST FOR ORDER CHANGING TIME; [PROPOSED] ORDER -- CASE NO. CV-09-4120-CW

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Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

Dated: May 7, 2010 I represent that concurrence in the filing of this document has been obtained from the other signatory, which shall serve in lieu of her signature on this document.

FARELLA BRAUN + MARTEL LLP

By: /s/ Tyler C. Gerking Tyler C. Gerking Attorneys for Plaintiffs SEAGATE TECHNOLOGY LLC, SEAGATE TECHNOLOGY INTERNATIONAL, SEAGATE SINGAPORE INTERNATIONAL HEADQUARTERS PTE LTD

Dated: May 7, 2010

LEWIS BRISBOIS BISGAARD & SMITH, LLP

By: /s/ Rebecca R. Weinreich Rebecca R. Weinreich Attorneys for Defendants NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

PURSUANT TO STIPULATION, IT IS SO ORDERED.

MAY 10, 2010 Dated:________________

_____________________________________ JUDGE CLAUDIA WILKEN United States District Judge

STIP. REQUEST FOR ORDER CHANGING TIME; [PROPOSED] ORDER -- CASE NO. CV-09-4120-CW

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