Sleeping Well, LLC v. The Travelers Indemnity Company

Filing 68

ORDER by Judge Claudia Wilken CONCERNING DEFENDANTS 63 MOTION FOR RELIEF FROM NON-DISPOSITIVE PRETRIAL ORDER OF MAGISTRATE JUDGE AND LETTER BRIEFING. (ndr, COURT STAFF) (Filed on 4/12/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 10-03658 CW
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SLEEPING WELL, LLC,

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United States District Court
For the Northern District of California

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Plaintiff,
v.
ST. PAUL FIRE AND MARINE INSURANCE
COMPANY,

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Defendant.
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ORDER CONCERNING
DEFENDANT’S
MOTION FOR RELIEF
FROM NONDISPOSITIVE
PRETRIAL ORDER OF
MAGISTRATE JUDGE
AND LETTER
BRIEFING

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As discussed at the case management conference held on April

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5, 2011, the Court will take under submission on the papers

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Defendant St. Paul Fire and Marine Insurance Company’s motion for

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relief from Magistrate Judge Bernard Zimmerman’s order staying

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discovery.

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Civil L.R. 72-2; it will be decided in a written order.

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This motion will not be “deemed denied” pursuant to

The parties have a settlement conference before Magistrate

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Judge Donna Ryu scheduled for April 18, 2011 at 10:00 a.m.

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parties do not settle their case, they shall discuss their disputes

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over discovery and the timing of the duty to defend summary

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judgment motion with Judge Ryu.

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disputes at the settlement conference, each party shall file a

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letter brief regarding any remaining issues by April 25, 2011.

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its respective letter brief, each party shall address its proposal

If the

If they cannot resolve those

In

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regarding the extent and timing of the discovery and motion

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practice necessary to resolve the dispute over Defendant’s duty to

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defend.

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not re-notice this motion until October 6, 2011, unless the parties

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can stipulate to, or the Court later orders, an earlier date.

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As stated at the case management conference, Plaintiff may

IT IS SO ORDERED.

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Dated: 4/12/2011
CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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cc: Magistrate Judge Ryu

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