Diamond State Insurance Company v. Marin Mountain Bikes, Inc. et al

Filing 20

ORDER GRANTING DEFENDANTS 19 REQUEST TO FILE SUPPLEMENTARY MATERIAL. 12 MOTION to Dismiss COMPLAINT FOR DECLARATORY JUDGMENT OR TO ABSTAIN FROM EXERCISING JURISDICTION OR TO STAY PROCEEDINGS. Sur-reply due by 4/16/2012. Sur-Reply due by 4/19/2012. Signed by Judge Claudia Wilken on 4/13/2012. (ndr, COURT STAFF) (Filed on 4/13/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 DIAMOND STATE INSURANCE COMPANY, an Indiana corporation, Plaintiff, 6 7 v. 9 MARIN MOUNTAIN BIKES, INC., a California corporation; and ATB SALES LIMITED, a private limited company in the United Kingdom, 10 ORDER GRANTING DEFENDANT’S REQUEST TO FILE SUPPLEMENTARY MATERIAL (Docket No. 19) Defendants. 8 United States District Court For the Northern District of California No. C 11-5193 CW 11 ________________________________/ 12 On February 8, 2012, Defendant Marin Mountain Bikes, Inc. 13 filed a request for leave to file supplementary material regarding 14 its motion to dismiss, abstain or stay. 15 represents that it reached a settlement with ATB Sales Limited in 16 ATB Sales Limited v. Marin Mountain Bikes, Inc., Case No. 11-4755 17 YGR (N.D. Cal.). 18 pending and that the parties have not filed a notice of settlement 19 in its docket. In its request, Defendant The Court notes that the ATB Sales case is still 20 The Court GRANTS Defendant’s request and ORDERS as follows: 21 Within three days of the date of this Order, Defendant may 22 file a sur-reply of five pages or less, along with supplementary 23 material. 24 settlement in the ATB Sales action, and whether any settlement in 25 the ATB Sales action has rendered its pending motion to dismiss, 26 abstain or stay moot in part or in full. 27 include in its sur-reply whether the instant case is related to 28 In the sur-reply, Defendant shall address the status of Defendant shall also 1 the ATB Sales case pursuant to Local Rule 3-12, and whether the 2 two cases should be related if the ATB Sales case has not settled. 3 Within three days of the date on which Defendant files its 4 sur-reply, Plaintiff may file a response to the sur-reply, 5 addressing the same issues, contained in five pages or less. 6 IT IS SO ORDERED. 7 8 Dated: 4/13/2012 9 CLAUDIA WILKEN United States District Judge 10 United States District Court For the Northern District of California CC: Hon. Yvonne Gonzalez Rogers 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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