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

Filing 84

ORDER Granting re 83 Stipulation Regarding Deposition of A. Christine Davis. Signed by Judge Claudia Wilken on 11/12/2010. (ndr, COURT STAFF) (Filed on 11/12/2010)

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 REGARDING DEPOSITION OF A. CHRISTINE DAVIS 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

21 22 23 24 25 26 27 28

LEWI S

BRISBO IS

4814-8597-4023.1

CV-09-4120-CW STIPULATION AND [PROPOSED] ORDER REGARDING DEPOSITION OF A. CHRISTINE DAVIS

1

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. 6 8 9 10 11 12 14 16 18 20
b. WHEREAS, Seagate retained A. Christine Davis to provide expert testimony in this action

7 regarding the following:
a. The amount of statutory surplus reported in the financial statements of National Union and ISOP based upon the most recent publicly available information; and The financial strength of National Union and ISOP based upon the most recent publicly available information. WHEREAS, Ms. Davis issued a report dated October 8, 2010 setting forth her opinions on

13 these two topics (the "October 8 Report").
NOW THEREFORE, to avoid the expense of depositions, Seagate, National Union and

15 ISOP, by and through their respective counsel, hereby stipulate and agree as follows:
1. National Union and ISOP will forego deposing Ms. Davis in her capacity as an expert

17 in this matter;
2. Seagate agrees that Ms. Davis's testimony at trial will be limited to the facts and

19 opinions contained in the October 8 Report; and
3. If Ms. Davis revises, supplements, or otherwise change the fact and opinions set forth

21 in the October 8 Report, Seagate agrees to make Ms. Davis available for a deposition at a reasonable 22 place and time. 23 DATED: November 9, 2010 24 25 26 27 28
4814-8597-4023.1

LEWIS BRISBOIS BISGAARD & SMITH LLP

LEWI S

By /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

BRISBO IS

-2CV-09-4120-CW STIPULATION AND [PROPOSED] ORDER REGARDING DEPOSITION OF A. CHRISTINE DAVIS

1 DATED: November 9, 2010 2 3 4 5 6 7 8 9 10

FARELLA BRAUN + MARTEL, LLP

By /s/ Tyler Gerking Mary E. McCutcheon, Esq. Tyler C. Gerking, Esq. Brett R. Wheeler, Esq. Attorneys for Plaintiffs, Seagate Technology, LLC, Seagate Technology International, and Seagate Singapore International Headquarters PTE LTD

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

11 perjury that concurrence in the filing of the document has been obtained from its signatory. 12 DATED: November 9, 2010 13 14 15 17 18 DATED: 11/12/2010 19 20 21 22 23 24 25 26 27 28
4814-8597-4023.1

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

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

16 modification based on trial proceedings.
____________________________________________ THE HONORABLE CLAUDIA WILKEN

LEWI S

BRISBO IS

-3CV-09-4120-CW STIPULATION AND [PROPOSED] ORDER REGARDING DEPOSITION OF A. CHRISTINE DAVIS

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4814-8597-4023.1

FEDERAL COURT PROOF OF SERVICE Seagate Technology, LLC, et al. v. National Union Fire Insurance Company of Pittsburgh, Pa, et al. Case No. CV-09-4120-CW (LBBS File No. 6234-7284)

5 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
At the time of service, I was over 18 years of age and not a party to the action. My business address is 221 North Figueroa Street, Suite 1200, Los Angeles, California 90012. I am employed in 7 the office of a member of the bar of this Court at whose direction the service was made. On November 9, 2010, I served the following document(s): STIPULATION AND [PROPOSED] ORDER REGARDING DEPOSITION OF A. CHRISTINE DAVIS I served the documents on the following persons at the following addresses (including fax

10 numbers and e-mail addresses, if applicable):

Mary E. McCutcheon, Esq. Tyler C. Gerking, Esq. Brett R. Wheeler, Esq. FARELLA BRAUN + MARTEL, LLP 235 Montgomery Street, 17th Floor San Francisco, California 94104 Tel: [phone] Fax: [phone] Attorneys for Plaintiffs Seagate Technology, LLC, Seagate Technology International, and Seagate Singapore International Headquarters PTE LTD The documents were served by the following means: (BY COURT'S CM/ECF SYSTEM) Pursuant to Local Rule, I electronically filed the documents with the Clerk of the Court using the CM/ECF system, which sent notification of that filing to the persons listed above.

I declare under penalty of perjury under the laws of the United States of America that the above is true and correct. Executed on November 9, 2010, at Los Angeles, California.

Tamara Richardson

LEWI S

BRISBO IS

CV-09-4120-CW STIPULATION AND [PROPOSED] ORDER REGARDING DEPOSITION OF A. CHRISTINE DAVIS