Netscape Communications Corporation et al v. Federal Insurance Company et al

Filing 180

ORDER VACATING CASE MANAGEMENT CONFERENCE ; ADMINISTRATIVELY CLOSING CASE re 179 Statement. The Case Management Conference set for 10/5/2009 is VACATED. The Court further orders the Clerk of Court to administratively close this case. Within ten (10) days from the date of a final mandate 182 , any party may move the Court to reopen the case and to set a Status Conference. Signed by Judge James Ware on 10/1/2009. (ecg, COURT STAFF) (Filed on 10/1/2009) Modified on 10/28/2009 (cv, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 11 12
Gordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111

UNIT ED

S

S DISTRICT TE C TA

ER

N

UNITED STATES DISTRICT COURT

F D IS T IC T O R

NORTHERN DISTRICT COURT OF CALIFORNIA SAN JOSE DIVISION NETSCAPE COMMUNICATIONS CORPORATION, a Delaware corporation; and AMERICAN ONLINE, INC., a Delaware corporation, vs. Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 5:06-CV-00198 JW (PVT) OR NT SVACATING CASE JOIDER TATEMENT RE STATUS OF APPEAL TO UNITED STATES COURT MANAGEMENT CONFERENCE; OF APPEALS FOR THE NINTH ADMINISTRATIVELY CLOSING CIRCUIT COURT (NINTH CIRCUIT CASE CASE NO. 08-15120)

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

FEDERAL INSURANCE COMPANY, an Indiana corporation; et al., Defendants.

This case is set for a Case Management Conference on October 5, 2009 at 10:00 a.m. However, the United States Court of Appeals for the Ninth Circuit has not yet issued a mandate and still has jurisdiction over this matter. On August 27, 2009, the Court of Appeal issued a Memorandum Order and Disposition but not a mandate. As reflected by Docket Entry No. 178 (Order of USCA), Defendant and Appellant St. Paul Mercury Insurance Company filed a Petition for Panel and En Banc Rehearing on September 10, 2009 which petition is still under review. A mandate will not issue until after that petition has been determined by the Court of Appeal. (See Fed. R. App. P. 41(b) and (d)(1).)
1
JOINT STATEMENT RE STATUS OF APPEAL TO UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT COURT CASE NO. 5:06-CV-00198 JW (PVT)

TRAV/1036622/7050504v.1

A

C

LI

FO

mes Wa Judge Ja

re

R NIA

OO IT IS S

RDERE

D

RT U O

NO

RT

H

1 2 3 4 5 6 7 8 9 10 11 12
Gordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111

The parties respectfully submit that the August 28 and September 18, 2009 letters of the Clerk stating the mandate has been filed by the Ninth Circuit are incorrect and this Court does not currently have jurisdiction. The parties therefore request that the above-referenced Case Management Conference be taken off-calendar. Respectfully submitted, Dated: September __, 2009 GORDON & REES LLP By: _/s/________________________________ SARA M. THORPE LESLIE K. CRARY Attorneys for Defendant ST. PAUL MERCURY INSURANCE COMPANY

Dated: September

, 2009

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: October 1, 2009

ABELSON HERRON LLP By: /s/_____________________________ MICHAEL BRUCE ABELSON LESLIE A. PEREIRA Attorneys for Plaintiffs NETSCAPE COMMMUNICATIONS CORPORATION, AMERICA ONLINE, INC.

*** ORDER *** I, LESLIE K. CRARY, hereby attest that Michael Bruce Abelson and Leslie A. In light of the parties' representation, the Court finds good cause to VACATE the October Pereira, counsel for plaintiffs, concurs with the filing of this Stipulation. 5, 2009 Case Management Conference. The Court further orders the Clerk of Court to Dated: September 18, 2009 ________________________________ administratively close this case. Within ten (10) days from LESLIE of.aCRARY the date K final mandate, any party may move the Court to reopen the case and to set a Status Conference.

__________________________ JAMES WARE United States District Judge

2
JOINT STATEMENT RE STATUS OF APPEAL TO UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT COURT CASE NO. 5:06-CV-00198 JW (PVT)