Hewlett Packard Co, et al v. ACE Property & Cas, et al

Filing 612

STIPULATION AND ORDER STAYING ENFORCEMENT OF WRIT OF EXECUTION re 611 Stipulation, 610 Motion to Quash. The enforcement of the Writ is STAYED untilafter the entry of an Order by the Court granting or denying HPs motion to quash the Writ. Signed by Judge James Ware on 11/25/2008. (ecg, COURT STAFF) (Filed on 11/25/2008)

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re ROBERT J. ROMERO [SBN 136839] mes Wa Judge Ja BRADLEY M. ZAMCZYK [SBN 151753] HINSHAW & CULBERTSON 244 Jackson Street, Suite 300 ER C San Francisco, California 94111-1826 N F D IS T IC T O Telephone: [phone] R Facsimile: [phone] Attorneys for Defendant ACE PROPERTY AND CASUALTY INSURANCE COMPANY

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

HEWLETT-PACKARD COMPANY, Plaintiff, vs. ACE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant.

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CASE NO.: C-99-20207 JW Hon. James Ware STIPULATION AND [PROPOSED] ORDER STAYING ENFORCEMENT OF WRIT OF EXECUTION [L.R. 7-12]

163411.1-10191-003-11/18/2008

STIPULATION AND ORDER STAYING ENFORCEMENT OF WRIT OF EXECUTION CASE NO.: C-99-20207 JW

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DAVID A. GAUNTLETT [SBN 96399] JAMES A. LOWE [SBN 214383] GAUNTLETT & ASSOCIATES 18400 Von Karman, Suite 300 Irvine, California 92612-0505 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff HEWLETT-PACKARD COMPANY

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163411.1-10191-003-11/18/2008

STIPULATION Pursuant to Civil L.R. 7-12, this Stipulation is entered into by and between Plaintiff HewlettPackard Company ("HP") and defendant ACE Property and Casualty Insurance Company ("ACE") and is made with reference to the following facts: WHEREAS, on November 5, 2008, ACE caused the Clerk of the United States District Court, Northern District of California, to issue a Writ of Execution (the "Writ") for the enforcement of a "money judgment" in the sum of $184,598.00 in favor of ACE and against HP; and WHEREAS, ACE contends that the Writ was appropriately issued to assist in the enforcement of an unpaid November 25, 2003 discovery sanctions order in ACE's favor and against HP, but HP contends that any such order was an interim order that never became final or a judgment and so the Writ should not have been issued and now should be quashed; and WHEREAS, HP has filed a motion to quash the Writ of Execution set for hearing on December 22, 2008; and WHEREAS, HP and ACE agree that the Writ of Execution should be stayed until the Court rules on HP's motion and decides whether or not the Writ should be quashed. THEREFORE, SUBJECT TO THE COURT'S APPROVAL, HP AND ACE HEREBY STIPULATE AND AGREE that an order shall be entered staying the enforcement of the Writ until after the entry of an Order by the Court granting or denying HP's motion to quash the Writ. Dated: November 18, 2008 GAUNTLETT & ASSOCIATES By: /s/ James A. Lowe JAMES A. LOWE _

Attorneys for Plaintiff Hewlett-Packard Company

Dated: November 18, 2008

HINSHAW & CULBERTSON, LLP By: /s/ Robert J. Romero ROBERT J. ROMERO ______

Attorneys for Defendant Ace Property & Casualty Insurance Company 1

STIPULATION AND ORDER STAYING ENFORCEMENT OF WRIT OF EXECUTION CASE NO.: C-99-20207 JW

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163411.1-10191-003-11/18/2008

ATTESTATION OF FILING Pursuant to General Order No. 45 § X(B), I hereby attest that I have obtained concurrence in the filing of this Stipulation and [Proposed] Order Staying Enforcement of Writ of Execution from Defendant. By: /s/ James A. Lowe

IT IS SO ORDERED. November 25, 2008 Dated: ____________________ __________________________________________ JAMES WARE, United States District Judge

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STIPULATION AND ORDER STAYING ENFORCEMENT OF WRIT OF EXECUTION CASE NO.: C-99-20207 JW