Navigators Specialty Insurance Company v. Depomed, Inc.

Filing 71

ORDER by Judge Haywood S. Gilliam, Jr. STIPULATED 70 ADMINISTRATIVE MOTION TO ENLARGE PAGE LIMITS WITH RESPECT TO CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT.(ndrS, COURT STAFF) (Filed on 3/12/2020)

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ONE MARITIME PLAZA
EIGHTEENTH FLOOR
SAN FRANCISCO, CA 94111-3598

SHARTSIS FRIESE LLP

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SHARTSIS FRIESE LLP
ANTHONY B. LEUIN (Bar #95639)
[e-mail]
ROEY Z. RAHMIL (Bar #273803)
[e-mail]
One Maritime Plaza, Eighteenth Floor
San Francisco, CA 94111-3598
Telephone:
[phone]
Facsimile:
[phone]
MASLON LLP
MARGARET S. BROWNELL (MN Bar #307324) (pro hac vice)
[e-mail]
BRYAN R. FREEMAN (MN Bar #0387154) (pro hac vice)
[e-mail]
JUDAH A. DRUCK (MN Bar #0397764) (pro hac vice)
[e-mail]
3300 Wells Fargo Center 90 South Seventh Street
Minneapolis, MN 55402-4140
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant and Counter-Claimant
DEPOMED, INC. n/k/a ASSERTIO THERAPEUTICS, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NAVIGATORS SPECIALTY INSURANCE
COMPANY,

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Plaintiff and CounterDefendant,

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v.
DEPOMED, INC. n/k/a ASSERTIO
THERAPEUTICS, INC.,

Case No. 4:19-cv-00255-HSG
STIPULATED ADMINISTRATIVE
MOTION TO ENLARGE PAGE LIMITS
WITH RESPECT TO CROSS-MOTIONS
FOR PARTIAL SUMMARY
JUDGMENT; ORDER
[LOCAL RULE 7-11]

Defendant and
Counterclaimant.
Judge: Hon. Haywood S. Gilliam, Jr.

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Case No.
4:19-cv-00255-HSG

-1STIPULATED ADMINISTRATIVE MOTION TO ENLARGE
PAGE LIMITS WITH RESPECT TO CROSS-MOTIONS FOR
PARTIAL SUMMARY JUDGMENT

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Pursuant to Local Rule 7-11, Defendant and Cross-Complainant Depomed Inc., n/k/a

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Assertio Therapeutics, Inc. (“Depomed”) hereby moves for an order enlarging page limits with

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respect to the parties’ forthcoming Cross-Motions for Partial Summary Judgment on the Duty to

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Defend. This administrative motion is stipulated, as set forth on the accompanying Stipulation

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and [Proposed] Order. The parties request:

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1. That Depomed be granted ten (10) additional pages for its Motion, such that its

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page limitation would be thirty-five (35) pages;

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2. That Plaintiff Navigators Specialty Insurance Company (“Navigators”) be granted

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ten (10) additional pages for its Response to the Motion and Cross-Motion, such

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that its page limitation would be forty (40) pages;

ONE MARITIME PLAZA
EIGHTEENTH FLOOR
SAN FRANCISCO, CA 94111-3598

SHARTSIS FRIESE LLP

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3. That Depomed be granted an additional five (5) pages for its Reply in support of

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its Motion and Opposition to Navigators’ Cross-Motion, such that its page

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limitation would be twenty-five (25) pages; and

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4. That Navigators be granted an additional five (5) pages for its Reply in support of

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its Cross-Motion, such that its page limitation would be twenty (20) pages.

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Good cause exists to enlarge the page limits with respect to the Cross-Motions. First,

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because the papers will address both Depomed’s Motion and Navigators’ Cross-Motion, it is

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appropriate and efficient for the parties to have additional pages to address all issues that are

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raised. Second, while each party believes that the facts relevant to its Motion or Cross-Motion

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are undisputed, the underlying facts are nevertheless complex, and concern three insurance

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policies, 182 underlying lawsuits, construction of various policy provisions, and whether

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Depomed provided notice to Navigators within the relevant policy periods. The additional pages

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are requested in order to address these issues thoroughly.

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Case No.
4:19-cv-00255-HSG

-1STIPULATED ADMINISTRATIVE MOTION TO ENLARGE
PAGE LIMITS WITH RESPECT TO CROSS-MOTIONS FOR
PARTIAL SUMMARY JUDGMENT

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For the foregoing reasons, Depomed respectfully requests that the Court grant this

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administrative motion and enlarge the parties’ page limits as set forth in the accompanying

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Stipulation and Proposed Order.

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DATED: March 11, 2020

MASLON LLP
By:

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Attorney for Defendant and Counter-Claimant
DEPOMED, INC. n/k/a ASSERTIO
THERAPEUTICS, INC.

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J u d ge

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ONE MARITIME PLAZA
EIGHTEENTH FLOOR
SAN FRANCISCO, CA 94111-3598

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SHARTSIS FRIESE LLP

DATED: 3/12/2020

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/s/ Margaret S. Brownell
Margaret S. Brownell

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Case No.
4:19-cv-00255-HSG

-2STIPULATED ADMINISTRATIVE MOTION TO ENLARGE
PAGE LIMITS WITH RESPECT TO CROSS-MOTIONS FOR
PARTIAL SUMMARY JUDGMENT