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

Filing 63

ORDER REGARDING PLAINTIFFS 60 MOTION FOR SUMMARY JUDGMENT. Signed by Judge Claudia Wilken on 1/14/2013. (ndr, COURT STAFF) (Filed on 1/14/2013)

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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,

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United States District Court
For the Northern District of California

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No. C 11-5193 CW

Plaintiff,

ORDER REGARDING
PLAINTIFF’S MOTION
FOR SUMMARY
JUDGMENT (Docket
No. 60)

v.
MARIN MOUNTAIN BIKES, INC.; and
ATB SALES LIMITED,
Defendants.
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AND ALL RELATED COUNTERCLAIMS
________________________________/

Plaintiff Diamond State Insurance Company has filed a motion
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for summary judgment on its claims against Defendant Marin
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Mountain Bikes, or in the alternative, to dismiss its complaint
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without prejudice, and has noticed its motion for hearing on
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February 14, 2013.

Docket No. 60.1

Pursuant to the parties’

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stipulation, the Court previously set May 7, 2013 as the deadline
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to hear all case-dispositive motions.

Docket Nos. 58, 59.

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The Court prefers to hear all case-dispositive motions at one
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time, absent a good reason to do otherwise.

Plaintiff’s motion

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may be heard on the date noticed as long as Defendant is prepared
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to oppose it and neither party intends to file another case22
dispositive motion to be heard at a later date.

The parties shall

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meet and confer about the schedule and file an appropriate motion
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under L.R. 7-11 if they are unable to agree.
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On May 18, 2012, Plaintiff voluntarily dismissed its claims
against Defendant ATB Sales Limited. Docket No. 31.

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If Defendant wishes to file a cross-motion for summary

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judgment, it shall include the cross-motion in its opposition to

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Plaintiff’s motion.

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its opposition, the motion hearing will be continued to Wednesday,

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March 7, 2013, Plaintiff shall include its opposition to

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Defendant’s cross-motion in its reply in support of its own

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motion, which shall be filed one week later, and Defendant shall

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file a reply in support of its cross-motion one week thereafter.

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If Defendant files such a cross-motion with

IT IS SO ORDERED.

United States District Court
For the Northern District of California

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Dated: 1/14/2013

CLAUDIA WILKEN
United States District Judge

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