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

Filing 223

ORDER DENYING 213 Second and Superseding [Proposed] Order and Joint Stipulation Continuing Hearing. Motion and Pretrial hearing remain as previously set for 7/19/2010 at 09:00 AM and 11:00 AM respectively. Signed by Judge James Ware on 6/24/2010. (ecg, COURT STAFF) (Filed on 6/24/2010)

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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: [e-mail] [e-mail] 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., No Hearing Required Defendants. CASE NO. CV-06-00198 JW (PVT) SECOND AND SUPERSEDING [PROPOSED] ORDER AND JOINT STIPULATION CONTINUING HEARING OF EXPERT EXCLUSION MOTIONS SET FOR JULY 19, 2010

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

SECOND AND SUPERSEDING [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 be altered except by Court Order. See Scheduling Order at 2 & ¶ 6; and WHEREAS, the Court's website indicated that it is not available to hear the Expert Exclusions Motions on July 19, 2010; and WHEREAS, in light of the Court's unavailability, the parties now have scheduling conflicts which prevent a hearing on July 19, 2010; and WHEREAS, the parties learned on June 17, 2010 that the Court is available to hear the Expert Exclusions 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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SECOND AND SUPERSEDING [PROPOSED] ORDER AND JOINT STIPULATION CONTINUING EXPERT EXCLUSION MOTIONS

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TRAV/1036622/7522290v.1

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 18, 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 18, 2010 SEDGWICK, DETERT, MORAN & ARNOLD LLP Bruce D. Celebrezze Nicholas W. Heldt By /s/ Bruce D. Celebrezze Bruce D. Celebrezze Attorneys for Defendant St. Paul Mercury Insurance Company ORDER
24th IT IS SO ORDERED this ___ day of June 2010. The request for continuance is DENIED. All hearings and pretrial dates remain on calendar set for July 19, 2010. ___________________________________________ JAMES WARE United States District Judge

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

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SECOND AND SUPERSEDING [PROPOSED] ORDER AND JOINT STIPULATION CONTINUING EXPERT EXCLUSION MOTIONS