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

Filing 45

Proposed Order re 44 Case Management Conference - Initial, Set Hearings by St. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 7/24/2006)

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

Doc. 45

Case 5:06-cv-00198-JW

Document 45

Filed 07/24/2006

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-1[PROPOSED] ORDER ON CASE MANAGEMENT CONFERENCE CASE NO. C-06-00198 JW (PVT)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN JOSE DIVISION

NETSCAPE COMMUNICATIONS CORPORATION, a Delaware corporation; and AMERICA ONLINE, INC., a Delaware corporation,

) ) ) ) ) Plaintiffs, ) v. ) ) FEDERAL INSURANCE COMPANY, an ) Indiana corporation; ST. PAUL MERCURY ) INSURANCE COMPANY, a Minnesota ) corporation; EXECUTIVE RISK ) SPECIALTY INSURANCE COMPANY; a ) Connecticut corporation, ) ) Defendants. ) )

CASE NO. C-06-00198 JW (PVT) [PROPOSED] ORDER ON CASE MANAGEMENT CONFERENCE

Complaint Filed: 12/12/05 Amended Complaint Filed: 2/24/06

The Court having held a Case Management Conference in this matter June 19, 2006, and the parties having met and conferred thereafter to agree upon dates consistent with this Court's Order, and good cause appearing, IT IS HEREBY ORDERED THAT 1. 2006. Joinder of Parties: Any new parties shall be joined no later than June 30,

Case 5:06-cv-00198-JW

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2.

ADR. The parties shall be referred to mediation before a private mediator

after the conclusion of discovery and briefing in Phase One of the case. 3. Initial Disclosures. The parties have been and shall continue to exchange

initial disclosures consistent with Phase One issues in the case. 4. Phasing of Case.

This case shall proceed in Two Phases, as follows: a. Phase One shall include discovery and motion practice on whether St. Paul had a duty to defend AOL and Netscape under its policy and discovery and motion practice as to whether there are grounds for reforming the St. Paul Policy and defenses to any reformation Counter-Claim. b. Phase Two will include discovery on the contingent issues relating to the causes of action for breach of the covenant of good faith and fair dealing and unfair business practices, and trial on those issues and any Counter-Claim for reformation not resolved in Phase One. St. Paul reserves the right to request that there be a separate proceeding as to any remaining issues relating to the reformation claim, and/or that discovery and/or trial of the punitive damage request be bifurcated from the rest of the proceedings. 5. Phase One Motions. The following deadlines apply to Phase One:

September 20, 2006 ­ St. Paul file summary judgment motion(s); October 11, 2006 - AOL/Netscape file opposition/cross-motion; October 24, 2006 ­ St. Paul file reply/opposition; and
-2[PROPOSED] ORDER ON CASE MANAGEMENT CONFERENCE CASE NO. C-06-00198 JW (PVT)

Case 5:06-cv-00198-JW

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Filed 07/24/2006

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TRAV/1036622/1013263v.1

November 6, 2006 - AOL/Netscape file reply. November 20 - Hearing on motion(s). 6. The parties shall each be allowed 30 pages on their opening briefs and 15

pages on their reply briefs. 7. This Court will schedule a further Case Management Conference after the

hearing of the Phase One Motion(s), at which time the Court will set further deadlines and dates for Phase Two, if necessary. 8. St Paul will file its Amended Counter-Claim by July 25, 2005. Plaintiffs shall

have until August 7, 2006 to file a new motion to dismiss, which will be heard on September 11, 2006 (date previously reserved). Dated: ____________________ ______________________________________ HONORABLE JAMES WARE JUDGE, UNITED STATES DISTRICT COURT

-3[PROPOSED] ORDER ON CASE MANAGEMENT CONFERENCE CASE NO. C-06-00198 JW (PVT)