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

Filing 59

ORDER re 58 Granting Stipulation Bifurcating Plaintiffs' Claim for Brandt Fees. Signed by Judge Claudia Wilken on 8/3/2010. (ndr, COURT STAFF) (Filed on 8/3/2010)

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

Doc. 59

1 Rebecca R. Weinreich, State Bar No. 155684 2 Stephen V. Kovarik, State Bar No. 184656 3 LEWIS BRISBOIS BISGAARD & SMITH, LLP 4 Los Angeles, California 90012 5 Fax: [phone] Attorneys for Defendants National Union 8 Mary E. McCutcheon, Esq. 9 Brett R. Wheeler, Esq. 11 Tel: [phone] 15 16 17 SEAGATE TECHNOLOGY LLC,
a Delaware corporation; SEAGATE 18 TECHNOLOGY INTERNATIONAL, a Cayman Islands Company; SEAGATE 19 SINGAPORE INTERNATIONAL HEADQUARTERS PTE LTD, a Singapore 2 0 corporation, ) ) ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) NATIONAL UNION FIRE INSURANCE ) COMPANY OF PITTSBURGH, PA, a ) Pennsylvania corporation; INSURANCE ) COMPANY OF THE STATE OF ) PENNSYLVANIA, a Pennsylvania ) corporation, ) ) Defendants. ) ____________________________________ ) CASE NO. CV-09-4120-CW The Honorable Claudia Wilken Courtroom 2 STIPULATION AND ORDER BIFURCATING PLAINTIFFS' CLAIM FOR BRANDT FEES Tyler C. Gerking, Esq. Tel: [phone] North Figueroa Street, Suite 1200 [e-mail] [e-mail]

7 and Insurance Company of the State of Pennsylvania

Fire Insurance Company of Pittsburgh, Pa.

10 235 Montgomery Street, 17th Floor
San Francisco, California 94104 Fax: [phone]

FARELLA BRAUN + MARTEL, LLP

13 and Seagate Singapore International Headquarters PTE LTD

Attorneys for Plaintiffs Seagate Technology, LLC, Seagate Technology International, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

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4817-0014-4646.3

CV-09-4120-CW STIPULATION AND [PROPOSED] ORDER BIFURCATING PLAINTIFFS' CLAIM FOR BRANDT FEES Dockets.Justia.com

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WHEREAS, plaintiffs Seagate Technology, LLC, Seagate Technology International, and

2 Seagate Singapore International Headquarters PTE LTD (collectively, "Seagate") have filed a 3 Complaint against National Union Fire Insurance Company of Pittsburgh, Pa. ("National Union") 4 and Insurance Company of the State of Pennsylvania ("ISOP") alleging claims for relief for Breach 5 of Contract and Tortious Breach of the Implied Covenant of Good Faith and Fair Dealing. See 6 Docket Item No. 1. 7 9
WHEREAS, Seagate seeks the recovery of, among other things, its attorney's fees (Brandt

8 fees) incurred in in obtaining policy benefits in this action. See Docket No. 1.
WHEREAS, Seagate contends the amount of its Brandt fees continue to accrue during the

10 pendency of this action, and the full amount of the fees, if any, to which Seagate is entitled will not 11 be known until all work, including trial, necessary to obtain the policy benefits Seagate claims to 12 have been withheld in bad faith has been performed. National Union and ISOP contend that none of 13 the present litigation could give rise to Brandt fees as a matter of law. 14
WHEREAS, Seagate, National Union and ISOP believe the most efficient process for

15 resolving their disputes involves a bifurcated trial with the amount of Brandt fees, if any, due 16 Seagate being tried, if at all, only if and after the jury returns a verdict including a finding that 17 National Union and ISOP have breached the implied covenant of good faith and fair dealing such 18 that Seagate is entitled to Brandt fees. 19 21
NOW THEREFORE, pursuant to Civil L.R. 7-12, Seagate, National Union and ISOP, by

20 and through their respective counsel, hereby agree as follows:
1. Seagate, National Union and ISOP stipulate to a bifurcated trial with Seagate's

22 entitlement to, and the amount of, Brandt fees being tried, if at all, only if and after the jury returns a 23 verdict providing a basis for the recovery of Brandt fees. Seagate, National Union and ISOP 24 propose the following procedure for the resolution of Seagate's Brandt fee claim: 25 26 27
b. a. 7 days after the return of the verdict, Seagate will produce to National Union the evidence in support of its Brandt fee claim; 28 days after the return of the verdict, Seagate will file a brief and expert report in support of its Brandt fee claim;
4817-0014-4646.3

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CV-09-4120-CW STIPULATION AND [PROPOSED] ORDER BIFURCATING PLAINTIFFS' CLAIM FOR BRANDT FEES

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2.

c.

National Union and ISOP may depose Seagate's fact and expert witnesses within the next 21 days;

d.

Within 28 days of Seagate's submission of a brief and expert report, National Union and ISOP may file and serve an expert rebuttal report;

e.

Within 14 days of National Union's and ISOP's expert rebuttal report, Seagate may take the deposition of National Union's and ISOP's expert witness;

f.

45 days after Seagate's submission, National Union and ISOP will file a brief and evidence in opposition to Seagate's fee claim; and

g.

7 days after National Union's and ISOP's submission, Seagate will file a reply memorandum.

The parties will argue Seagate's Brandt fee claim to the Court.

14 DATED: August 2, 2010 15 16 17 18 19 20 21 DATED: August 2, 2010 22 23 24 25 26 27 28
4817-0014-4646.3

LEWIS BRISBOIS BISGAARD & SMITH LLP

/s/ Stephen V. Kovarik Rebecca R. Weinreich Stephen V. Kovarik Attorneys for Defendants National Union Fire Insurance Company of Pittsburgh, Pa. and Insurance Company of the State of Pennsylvania

By

FARELLA BRAUN + MARTEL, LLP

By /s/ Tyler C. Gerking Attorneys for Plaintiffs Seagate Technology, LLC, Seagate Technology International, and Seagate Singapore International Headquarters PTE LTD

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CV-09-4120-CW STIPULATION AND [PROPOSED] ORDER BIFURCATING PLAINTIFFS' CLAIM FOR BRANDT FEES

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File's Attestation: Pursuant to General Order No. 45, §X(B), I attest under penalty of

2 perjury that concurrence in the filing of the document has been obtained from its signatory. 3 DATED: August 2, 2010 4 5 6 8 issue. 9 10 DATED: 8/3/2010 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
4817-0014-4646.3

Respectfully submitted, /s/ Stephen V. Kovarik Stephen V. Kovarik

PURSUANT TO STIPULATION, IT IS SO ORDERED subject to the Court's

7 modification based on trial proceedings. The parties waive any jury trial right on the Brandt fee

____________________________________________ THE HONORABLE CLAUDIA WILKEN

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CV-09-4120-CW STIPULATION AND [PROPOSED] ORDER BIFURCATING PLAINTIFFS' CLAIM FOR BRANDT FEES