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