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

Filing 186

STIPULATION AND ORDER SETTING CASE MANAGEMENT CONFERENCE FOLLOWING NINTH CIRCUIT REMAND re 185 Proposed Order. Case Management Conference set for 11/23/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 11/6/2009. (ecg, COURT STAFF) (Filed on 11/6/2009)

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ABELSON | HERRON LLP Michael Bruce Abelson (State Bar No. 130739) Leslie A. Pereira (State Bar No. 180222) 333 South Grand Ave, Suite 1550 Los Angeles, California 90071-1559 Telephone: [phone] Facsimile: [phone] BERGESON, LLP Daniel J. Bergeson (State Bar No. 105439) Marc Van Niekerk (State Bar No. 201329) 303 Almaden Boulevard, Suite 500 San Jose, California 95110-2712 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs NETSCAPE COMMUNICATIONS CORPORATION and AMERICA ONLINE, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN JOSE DIVISION NETSCAPE COMMUNICATIONS CORPORATION, et al., Plaintiffs, v. FEDERAL INSURANCE COMPANY, et al., Defendants. CASE NO. C-06-00198 JW (PVT) [PROPOSED] ORDER AND JOINT STIPULATION TO SET STATUS CONFERENCE FOLLOWING REVERSAL AND REMAND BY THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No Hearing Required

COMES NOW Plaintiffs Netscape Communications Corporation and America Online, Inc. and Defendant St. Paul Mercury Insurance Company, by and through their respective counsel of record, who stipulate and agree as follows: WHEREAS, this above-referenced action has been the subject of an appeal before the United States Court of Appeals for the Ninth Circuit; and

CASE NO. C-06-00198 JW (PVT)

[PROPOSED] ORDER AND JOINT STIPULATION TO SET STATUS CONFERENCE FOLLOWING REVERSAL AND REMAND

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WHEREAS, this Court's Order Vacating Case Management Conference; Administratively Closing Case, Docket Instrument ("DI") No. 180 effectively: (a) closed this action's case file pending issuance of a final mandate from the Ninth Circuit; and (b) authorized the parties to move to re-open the case and set a status conference within ten (10) days from the Ninth Circuit's issuance of a final mandate with respect to the pending appeal; and WHEREAS, the Ninth Circuit did, in fact, issue a final mandate on October 27, 2009 (see DI# 182), which mandate was spread by way of an October 28, 2009 letter from this Court's clerk (see DI # 183); and WHEREAS, less than ten (10) days have passed since the issuance of the Ninth Circuit's final mandate; NOW THEREFORE, and subject to the approval of the Court, the parties through their counsel hereto, stipulate and agree as follows: 1. The Court re-open the instant case; 2. A status conference be set for Monday, November 23, 2009 at 10:00 a.m. (or as soon thereafter as is practicable) in Courtroom 8 of the above-captioned Court ; and /// /// ///

CASE NO. C-06-00198 JW (PVT)

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[PROPOSED] ORDER AND JOINT STIPULATION TO SET STATUS CONFERENCE FOLLOWING REVERSAL AND REMAND

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3. Ten (10) days prior to the established status conference date, the parties jointly file a Joint Case Management Statement. The Statement shall include, among other things, the parties' position(s) with respect to the next stage of the litigation in light of the Ninth Circuit's remand, and a proposed schedule to advance the case. IT IS SO STIPULATED.

Dated: October 29, 2009

ABELSON | HERRON, LLP Michael Bruce Abelson Vincent H. Herron Leslie A. Pereira By /s/ Michael Bruce Abelson Michael Bruce Abelson Attorneys for Plaintiffs Netscape Communications Corporation and America Online, Inc.

Dated: October 29, 2009

GORDON & REES LLP

By /s/ Sara M. Thorpe Sara M. Thorpe Attorneys for Defendant St. Paul Mercury Insurance Company

ORDER 6 November IT IS SO ORDERED this ___ day of ___________ 2009

_____________________________________ James Ware United States District Judge

CASE NO. C-06-00198 JW (PVT)

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[PROPOSED] ORDER AND JOINT STIPULATION TO SET STATUS CONFERENCE FOLLOWING REVERSAL AND REMAND

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PROOF OF SERVICE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN JOSE DIVISION Netscape Communications Corporation, et al. v. Federal Insurance Company, et al. USDC Case No.: C-06-00198 JW (PVT) I am over the age of 18 and not a party to the within action; I am employed by Abelson | Herron, LLP in the County of Los Angeles at 333 South Grand Avenue, Suite 1550, Los Angeles, California, 90071-1559. On October 29, 2009, I served the document below described as: [PROPOSED] ORDER AND JOINT STIPULATION TO SET STATUS CONFERENCE FOLLOWING REVERSAL AND REMAND BY THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT The document was served by the following means: BY ELECTRONIC TRANSMISSION VIA NEF Pursuant to the Court's General Order 45.VI.C., I electronically filed the foregoing document through the Court's CM/ECF system, which sent Notification of Electronic Filing to the persons at the e-mail addresses listed immediately below. Daniel J. Bergeson, Esq. Attorneys for Plaintiffs Hway-Ling Hsu, Esq. NETSCAPE COMMUNICATIONS CORP.; BERGESON, LLP and AMERICAN ONLINE, INC. 303 Almaden Boulevard, Suite 500 San Jose, California 95110-2712 E-mail: [e-mail] E-mail: [e-mail] Sara M. Thorpe, Esq. D. Christopher Kerby, Esq. Leslie K. Crary, Esq. GORDON & REES LLP Embarcadero Center West 275 Battery Street, Suite 2000 San Francisco, California 94111 E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] Attorneys for Defendant ST. PAUL MERCURY INSURANCE COMPANY

I declare under penalty of perjury under the laws of United States of America that the foregoing is true and correct. Executed on October 29, 2009 at Los Angeles, California. /s/ Michael Bruce Abelson Michael Bruce Abelson

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