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

Filing 54

MOTION to Compel Production of Documents and Testimony; Memorandum of Law in Support Thereof; Proposed Order; Certificate of Service filed by Netscape Communications Corporation, American Online, Inc.. Motion Hearing set for 10/17/2006 10:00 AM in Courtroom #5, 4th Floor, San Jose. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Proposed Order # 4)(Hsu, Hway-Ling) (Filed on 9/29/2006)

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Netscape Communications Corporation et al v. Federal Insurance Company et al Doc. 54 Att. 3 Case 5:06-cv-00198-JW Document 54-4 Filed 09/29/2006 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ABELSON | HERRON LLP Michael Bruce Abelson (State Bar No. 130739) Leslie A. Pereira (State Bar No. 180222) 333 South Grand Ave, Suite 650 Los Angeles, California 90071-1559 Telephone: (213) 402-1900 Facsimile: (213) 402-1901 mabelson@abelsonherron.com lpereira@abelsonherron.com BERGESON, LLP Daniel J. Bergeson (State Bar No. 105439) Hway-ling Hsu (State Bar No. 196178) 303 Almaden Boulevard, Suite 500 San Jose, California 95110-2712 Telephone: (408) 291-6200 Facsimile: (408) 297-6000 dbergeson@be-law.com hhsu@be-law.com Attorneys for Plaintiff NETSCAPE COMMUNICATIONS CORP. 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. Date: Time: Judge: Dept: CASE NO. C-06-00198 JW (PVT) [PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND TESTIMONY Motion Heard October 17, 2006 10:00 a.m. Magistrate Trumbull Courtroom 5 (Fourth Floor) Complaint filed December 12, 2005 USDC CASE NO. C-06-00198 JW (PVT) [PROPOSED] ORDER COMPELING PRODUCTION OF DOCUMENTS AND TESTIMONY Dockets.Justia.com Case 5:06-cv-00198-JW Document 54-4 Filed 09/29/2006 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On October 17, 2006, Plaintiffs Netscape Communications Corporation and America Online, Inc.'s Motion to Compel Production of Documents and Testimony from Defendant St. Paul Mercury Insurance Company came on for hearing at 10:00 a.m. in Courtroom 5 (fourth floor) of the above-captioned court, Magistrate Trumbull, presiding. Upon review of the papers and the presentation of counsel for Plaintiffs and Defendant St. Paul Mercury Insurance Company, and for Good Cause having been shown therefore, the Court: 1. and Testimony; and 2. FURTHER ORDERS THAT, within ten days of this Order, GRANTS Plaintiffs Motion to Compel Production of Documents Defendant St. Paul produce documents and testimony in each of the following categories: AOL Request for Production No. 15: All DOCUMENTS which, in whole or in part, interpret, explain, and/or provide meaning to and/or for the following "personal injury offense" in the ST. PAUL POLICY: "making known to any person or organization written or spoken material that violates a person's right of privacy." AOL Request for Production No. 22: All transcripts of deposition or trial testimony given by ST. PAUL personnel concerning any claim under the "personal injury" or "advertising injury" portions of any policy issued by ST. PAUL concerning the following offense: "making known to any person or organization written or spoken material that violates a person's right of privacy." 2 [PROPOSED] ORDER COMPELING PRODUCTION OF Case 5:06-cv-00198-JW Document 54-4 Filed 09/29/2006 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// Netscape Request for Production No. 6: All "Side By Side" comparisons relating to the "making known" provision of the Personal Injury coverage in YOUR general liability and/or technology general liability policy. Netscape Request for Production No. 7: All "Side By Side" comparisons relating to the "making known" provision of the Advertising Injury coverage in YOUR general liability and/or technology general liability policy. PMK Deposition Topic No. 4: All changes to the "making known" language of the "personal injury liability" coverage in ST. PAUL's technology commercial liability policy since 1985. PMK Deposition Topic No. 5: All changes to the "making known" language of the "Personal Injury liability" coverage in ST. PAUL's commercial liability policy since 1985. 3 [PROPOSED] ORDER COMPELING PRODUCTION OF Case 5:06-cv-00198-JW Document 54-4 Filed 09/29/2006 Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 [PROPOSED] ORDER COMPELING PRODUCTION OF "Deliberately Breaking the Law" Request Netscape Request No. 8: All "Side by Side" comparisons relating to the "deliberately breaking the law" exclusion in YOUR general liability and technology general liability policy. ORDER It is so Ordered this ___ day of October 2006 ______________________________________________ Magistrate of the United States District Court

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