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

Filing 71

ORDER re 69 Stipulation CHANGING TIME PURSUANT TO LOCAL RULE 6-2. Signed by Judge Claudia Wilken on 9/28/2010. (ndr, COURT STAFF) (Filed on 9/28/2010)

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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] Carly O. Alameda (State Bar No. 244424) [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 LOCAL RULE 6-2; ORDER Judge: Courtroom: Complaint Filed: Hon. Claudia Wilken 2 September 4, 2009

Pursuant to Civil Local Rule 6-2, the parties, through their undersigned counsel, submit the following stipulation and request an order changing time:

STIPULATED REQUEST FOR ORDER CHANGING TIME PURSUANT TO CIVIL LOCAL RULE 6-2; [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]

WHEREAS, the Court filed a Minute Order and Case Management Order on December 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 03/31/10: Completion of ADR session 06/15/10: Completion of fact discovery 06/18/10: Disclosure of identities and reports of expert witnesses 07/09/10: Disclosure of expert rebuttal reports 07/30/10: Completion of expert discovery 08/12/10: Defendants to file case-dispositive motion 08/26/10: Plaintiff to file opposition to case-dispositive motion and any crossmotion 09/02/10: Defendants to file reply/opposition to cross-motion 09/09/10: Plaintiff to file reply in support of cross-motion 09/23/10: Hearing of all case-dispositive motions and further case management conference 03/29/11: Final pre-trial conference 04/11/11: 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, on May 7, 2010, the parties requested that the Court continue the dates for the completion of fact and expert discovery and the hearing of dispositive motions, but not extend the current final pre-trial conference and the trial dates; WHEREAS, on May 10, 2010, the Court granted the parties' request and approved the following schedule:
STIPULATED REQUEST FOR ORDER CHANGING TIME PURSUANT TO CIVIL LOCAL RULE 6-2; [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]

08/27/10: Completion of fact discovery 08/30/10: Disclosure of identities and reports of expert witnesses 09/20/10: Disclosure of expert rebuttal reports 10/08/10: Completion of expert discovery 10/21/10: Defendants to file case-dispositive motion 11/04/10: Plaintiff to file opposition to case-dispositive motion and any crossmotion 11/11/10: Defendants to file reply/opposition to cross-motion 11/18/10: Plaintiff to file reply in support of cross-motion 12/09/10 at 2:00 p.m.: Hearing of all case-dispositive motions and further case management conference 03/29/11 at 2:00 p.m.: Final pre-trial conference (UNCHANGED) 04/11/11 at 8:30 a.m.: 10-day jury trial to begin (UNCHANGED) WHEREAS, on July 29, 2010, the parties requested that the Court continue the dates for the completion of expert discovery and the hearing of dispositive motions, but not extend the current final pre-trial conference and the trial dates; WHEREAS, on August 2, 2010, the Court granted the parties' request and approved the following schedule: 09/27/10: Disclosure of identities and reports of expert witnesses 10/18/10: Disclosure of expert rebuttal reports 11/05/10: Completion of expert discovery 11/18/10: Defendants to file case-dispositive motion 12/09/10: Plaintiff to file opposition to case-dispositive motion and any crossmotion 12/16/10: Defendants to file reply/opposition to cross-motion 12/23/10: Plaintiff to file reply in support of cross-motion 01/13/11 at 2:00 p.m.: Hearing of all case-dispositive motions and further case management conference
STIPULATED REQUEST FOR ORDER CHANGING TIME PURSUANT TO CIVIL LOCAL RULE 6-2; [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]

03/29/11 at 2:00 p.m.: Final pre-trial conference (UNCHANGED) 04/11/11 at 8:30 a.m.: 10-day jury trial to begin (UNCHANGED) WHEREAS, on August 23, 2010, the parties requested that the Court order that Plaintiffs may serve a former employee of AIG WorldSource who had not yet been located, Mr. Alijah Rabellde, with a deposition subpoena and/or take Mr. Rabellde's deposition after the fact discovery cut-off of August 27, 2010, so long as the deposition occurred on or before September 17, 2010; WHEREAS, on August 24, 2010, the Court granted the parties' request to extend the time to take Mr. Rabellde's deposition; no other deadlines were affected at that time; WHEREAS, on September 8, 2010, the parties requested that the Court order that Plaintiffs may have an additional two weeks to take the deposition of Mr. Rabellde; WHEREAS, on September 9, 2010 the Court granted the parties' request to extend the time to take Mr. Rabellde's deposition to October 1, 2010. The schedule set forth in the August 2, 2010 order was modified only as follows: 10/12/10: Disclosure of identities and reports of expert witnesses 11/1/10: Disclosure of expert rebuttal reports 11/18/10: Completion of expert discovery WHEREAS, Plaintiffs have continued to diligently seek to secure the deposition of Mr. Rabellde but have not yet been able to serve him with a deposition subpoena; WHEREAS, as a courtesy to Seagate, Defendants have agreed to allow Plaintiffs an additional five days to depose Mr. Rabellde, so that Plaintiffs can depose Mr. Rabellde through October 6, 2010; THEREFORE, IT IS HEREBY STIPULATED THAT: 1. Plaintiffs may serve Mr. Rabellde with a deposition subpoena and/or take Mr.

Rabellde's deposition so long as the deposition occurs on or before October 6, 2010; 2. If Mr. Rabellde is deposed on October 5 or 6, both parties' claims handling experts

will have until October 19, 2010 to file their reports; all other deadlines currently set in this case will remain the same, absent further agreement or application to the Court;
STIPULATED REQUEST FOR ORDER CHANGING TIME PURSUANT TO CIVIL LOCAL RULE 6-2; [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]

3.

If Mr. Rabellde's deposition does not take place on October 5 or 6, then all expert

reports remain due on the current October 12 due date, and all other deadlines currently set in this case will remain the same, subject to further agreement or application to the Court. Dated: September 24, 2010 I represent that concurrence in the filing of this document has been obtained from the other signatory, which shall serve in lieu of his 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: September 24, 2010 LEWIS BRISBOIS BISGAARD & SMITH, LLP

By:

/s/ Stephen Kovarik Stephen Kovarik

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.

Dated: 9/28/2010

_____________________________________ JUDGE CLAUDIA WILKEN United States District Judge

STIPULATED REQUEST FOR ORDER CHANGING TIME PURSUANT TO CIVIL LOCAL RULE 6-2; [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]

PROOF OF SERVICE I, the undersigned, declare that I am a resident of the State of California, employed in the County of San Francisco, over the age of eighteen years and not a party to the within action. My business address is: Farella Braun + Martel LLP, 235 Montgomery Street, 17th Floor, San Francisco, California 94104. On this date I served the within document(s): STIPULATED REQUEST FOR ORDER CHANGING TIME PURSUANT TO CIVIL LOCAL RULE 6-2; [PROPOSED] ORDER X BY ELECTRONIC FILING: the within document(s), the automatically generated notification for which constitutes service pursuant to General Order 45, Section IX(A) and (B). Rebecca R. Weinreich, Esq. Stephen Kovarik, Esq. Lewis Brisbois Bisgaard & Smith, LLP 221 North Figueroa Street, Suite 1200 Los Angeles, CA 90012 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Defendants National Union Fire Insurance Company Of Pittsburgh, PA and Insurance Company Of The State Of Pennsylvania MAIL: by placing a true copy thereof, addressed as set forth below and enclosed in a X sealed envelope with postage thereon fully prepaid and deposited for collection and mailing with the U.S. Postal Service. I am readily familiar with the ordinary business practice of this office for processing mail. X ELECTRONIC TRANSMISSION: a true and correct copy transmitted to each of the parties at the electronic notification address last given by said party on any document which he or she has filed in this action and served upon this office. I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed in San Francisco, California on September 28, 2010.

/s/ Lawrence L. Coles Lawrence L. Coles

STIPULATED REQUEST FOR ORDER CHANGING TIME PURSUANT TO CIVIL LOCAL RULE 6-2; [PROPOSED] ORDER-- CASE NO. CV-09-4120-CW

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