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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 DIAMOND STATE INSURANCE COMPANY, 5 6 7 8 9 United States District Court For the Northern District of California 10 11 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. ________________________________/ AND ALL RELATED COUNTERCLAIMS ________________________________/ Plaintiff Diamond State Insurance Company has filed a motion 12 for summary judgment on its claims against Defendant Marin 13 Mountain Bikes, or in the alternative, to dismiss its complaint 14 without prejudice, and has noticed its motion for hearing on 15 February 14, 2013. Docket No. 60.1 Pursuant to the parties’ 16 stipulation, the Court previously set May 7, 2013 as the deadline 17 to hear all case-dispositive motions. Docket Nos. 58, 59. 18 The Court prefers to hear all case-dispositive motions at one 19 time, absent a good reason to do otherwise. Plaintiff’s motion 20 may be heard on the date noticed as long as Defendant is prepared 21 to oppose it and neither party intends to file another case22 dispositive motion to be heard at a later date. The parties shall 23 meet and confer about the schedule and file an appropriate motion 24 under L.R. 7-11 if they are unable to agree. 25 26 27 28 1 On May 18, 2012, Plaintiff voluntarily dismissed its claims against Defendant ATB Sales Limited. Docket No. 31. 1 If Defendant wishes to file a cross-motion for summary 2 judgment, it shall include the cross-motion in its opposition to 3 Plaintiff’s motion. 4 its opposition, the motion hearing will be continued to Wednesday, 5 March 7, 2013, Plaintiff shall include its opposition to 6 Defendant’s cross-motion in its reply in support of its own 7 motion, which shall be filed one week later, and Defendant shall 8 file a reply in support of its cross-motion one week thereafter. 9 If Defendant files such a cross-motion with IT IS SO ORDERED. United States District Court For the Northern District of California 10 11 12 Dated: 1/14/2013 CLAUDIA WILKEN United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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