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

Filing 214

ORDER Denying Stipulation to Continue Hearing re 212 Proposed Order. The hearing remains as previously calendared for 7/19/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 6/21/2010. (ecg, COURT STAFF) (Filed on 6/21/2010)

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ABELSON | HERRON LLP Michael Bruce Abelson (State Bar No. 130739) Vincent H. Herron (State Bar No. 172290) Leslie A. Pereira (State Bar No. 180222) 333 South Grand Avenue, Suite 1550 Los Angeles, California 90071-1559 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail] Attorneys for Plaintiffs NETSCAPE COMMUNICATIONS CORPORATION and AMERICA ONLINE, INC. SEDGWICK, DETERT, MORAN & ARNOLD LLP Bruce D. Celebrezze (State Bar No. 102181) Nicholas W. Heldt (State Bar No. 83601) One Market Plaza Steuart Tower, 8th Floor San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Email: bruce.celebrezze.com nicholas.heldt.com Attorneys for Defendant ST. PAUL MERCURY INSURANCE COMPANY

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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. CV-06-00198 JW (PVT) [PROPOSED] ORDER AND JOINT STIPULATION CONTINUING HEARING OF EXPERT EXCLUSION MOTIONS SET FOR JULY 19, 2010 No Hearing Required

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

[PROPOSED] ORDER AND JOINT STIPULATION CONTINUING EXPERT EXCLUSION MOTIONS

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SUBJECT TO THE APPROVAL OF THIS COURT, Plaintiffs Netscape Communications Corporation and America Online, Inc. (collectively, "Plaintiffs") and Defendant St. Paul Mercury Insurance Company ("St. Paul") jointly stipulate and agree as follows: WHEREAS, pursuant to this Court's Scheduling Order of November 23, 2009 (the "Scheduling Order") (Dkt. # 190), the parties have exchanged expert witness designations; and WHEREAS, the parties have each noticed motions seeking to exclude the others' designations (collectively, the "Expert Exclusion Motions"). See Dkt. # 209 (Plaintiffs' Motion to Exclude); Dkt. # 210 (Defendant's Motion to Exclude); and WHEREAS, the scheduling of the Expert Exclusion Motions has been set for July 19, 2010 by reason of the Scheduling Order's strict timing provisions, which may not altered except by Court Order. See Scheduling Order at 2 & ¶ 6; and WHEREAS, this Court has indicated on its website that is not hearing civil motions on July 19, 2010; and WHEREAS, the parties are scheduled to appear for a Preliminary Pretrial Conference on June 28, 2010. See Scheduling Order at 1; see also Dkt. #211 (Joint Preliminary Pretrial and Trial Setting Conference Statement); and WHEREAS, for reasons of timing, cost, and conservation of legal resources the parties desire to defer briefing of oppositions of the Expert Exclusion Motions which, under prevailing rules, are due June 28, 2010 ­ the same date as the pending Preliminary Pretrial Conference. /// /// ///

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

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[PROPOSED] ORDER AND JOINT STIPULATION CONTINUING EXPERT EXCLUSION MOTIONS

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THEREFORE, AND SUBJECT TO THE APPROVAL OF THIS COURT, IT IS HEREWITH STIPULATED AND AGREED BY COUNSEL FOR THE PARTIES AS FOLLOWS: 1. The pending Expert Exclusions Motions currently set for hearing on July 19, 2010

shall be taken off-calendar; 2. The Expert Exclusion Motions will be reset for hearing by the Court following the

Preliminary Pretrial Conference on June 28, 2010; and 3. The parties' respective oppositions to the Expert Exclusion Motions shall be filed

and submitted in accordance with the new hearing date determined by the Court. IT IS SO STIPULATED. Dated: June 17, 2010 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: June 17, 2010 SEDGWICK, DETERT, MORAN & ARNOLD LLP By /s/ Bruce D. Celebrezze Bruce D. Celebrezze Attorneys for Defendant St. Paul Mercury Insurance Company ORDER 21 IT IS SO ORDERED this ____ day of June 2010. The hearing remains on calendar set for July 19, 2010 at 9:00 AM. ___________________________________________ JAMES WARE United States District Judge
CASE NO. CV-06-00198 JW (PVT)

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[PROPOSED] ORDER AND JOINT STIPULATION CONTINUING EXPERT EXCLUSION MOTIONS