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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DIAMOND STATE INSURANCE COMPANY,
an Indiana corporation,
Plaintiff,

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v.

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MARIN MOUNTAIN BIKES, INC., a
California corporation; and ATB
SALES LIMITED, a private limited
company in the United Kingdom,

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ORDER GRANTING
DEFENDANT’S
REQUEST TO FILE
SUPPLEMENTARY
MATERIAL
(Docket No. 19)

Defendants.

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United States District Court
For the Northern District of California

No. C 11-5193 CW

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________________________________/

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On February 8, 2012, Defendant Marin Mountain Bikes, Inc.

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filed a request for leave to file supplementary material regarding

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its motion to dismiss, abstain or stay.

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represents that it reached a settlement with ATB Sales Limited in

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ATB Sales Limited v. Marin Mountain Bikes, Inc., Case No. 11-4755

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YGR (N.D. Cal.).

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pending and that the parties have not filed a notice of settlement

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in its docket.

In its request, Defendant

The Court notes that the ATB Sales case is still

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The Court GRANTS Defendant’s request and ORDERS as follows:

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Within three days of the date of this Order, Defendant may

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file a sur-reply of five pages or less, along with supplementary

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material.

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settlement in the ATB Sales action, and whether any settlement in

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the ATB Sales action has rendered its pending motion to dismiss,

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abstain or stay moot in part or in full.

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include in its sur-reply whether the instant case is related to

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In the sur-reply, Defendant shall address the status of

Defendant shall also

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the ATB Sales case pursuant to Local Rule 3-12, and whether the

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two cases should be related if the ATB Sales case has not settled.

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Within three days of the date on which Defendant files its

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sur-reply, Plaintiff may file a response to the sur-reply,

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addressing the same issues, contained in five pages or less.

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IT IS SO ORDERED.

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Dated: 4/13/2012

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CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

CC: Hon. Yvonne Gonzalez Rogers
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