Genesis Insurance Company v. Magma Design Automation, Inc.

Filing 115

ORDER Vacating Case Management Conference; Finding as Moot re 114 MOTION to Appear by Telephone filed by Executive Risk Indemnity, Inc., 113 Case Management Statement. The Case Management Conference set for 9/22/2008 is VACATED. The Court to issue final judgment in due course. Motions terminated: 114 MOTION to Appear by Telephone filed by Executive Risk Indemnity, Inc. Signed by Judge James Ware on 9/17/2008. (ecg, COURT STAFF) (Filed on 9/17/2008)

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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporations ROBERT J. STUMPF, JR., Cal. Bar No. 72851 Four Embarcadero Center, 17th Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Plaintiff and Counterclaim Defendant Genesis Insurance Company

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Genesis Insurance Company, Plaintiff and Counterclaim Defendant, v. Magma Design Automation, Inc., Defendant and Counterclaimant, Magma Design Automation, Inc. Counterclaimant and ThirdParty Plaintiff, v. National Union Fire Insurance Company of Pittsburgh, PA and Executive Risk Indemnity Inc., Third-Party Defendants, Case No. 06-5526 JW ORDER VACATING CASE JOINT CASE MANAGEMENT MANAGEMENT CONFERENCE STATEMENT

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CASE NO. 06-5526: JOINT CASE MANAGEMENT STATEMENT

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THOMPSON, LOSS & JUDGE, LLP LEWIS K. LOSS (admitted pro hac vice) JEREMY S. SIMON (admitted pro hac vice) Two Lafayette Centre 1133 21st Street, N.W., Suite 450 Washington, D.C. 20036 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] and [e-mail]

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Executive Risk Indemnity Inc. Third-Party Counterclaimant, v. Magma Design Automation, Inc. Third-Party Counter-Defendant.

Pursuantof the representationsof Julyby the parties in their Joint Case Management In light to the Court's order made 24, 2008, the parties, by and through their respective counsel submit the following Case Management Conference presently scheduled for September Statement, confernece, Court vacates thejoint case management statement. 1. Genesis Insurance Company ("Genesis") filed this coverage action seeking a 22, 2008. The Court will review the competing judgments proposed by the parties and will issue a present declaration course. final judgment in duethat three underlying lawsuits (a shareholder class action, a shareholder derivative action, and an unfair practices action) do not constitute claims made during the policy Dated: September 17, 2008 ___________________________ JAMES WARE period in which Genesis provided first layer excess coverage to Magma Design Automation, Inc. United States District Judge ("Magma") (referred to in the pleadings as the "03/04 policy period"). Executive Risk Indemnity Third Party Defendant insurance coverage to Magma during the 03/04 policy period, as Inc.. Inc. ("ERII") -provided primaryExecutive Risk Indemnity,'s Motion to Appear by Telephone is DENIED as moot. well as (Docket Item No.policy period in which National Union Fire Insurance Company of the subsequent 114.) Pittsburg, Pa. ("National Union") provided first layer excess coverage to Magma (referred to in the pleadings as the "04/06 policy period"). Genesis also sought a declaration that coverage was not afforded under its policy for the unfair practices action on the alternative basis that the unfair practices action did not constitute a covered "Securities Claim" under the Policy. 2. Magma filed a counterclaim against Genesis, and a Third Party Complaint against

ERII and National Union, seeking a declaration that either the Genesis Policy or the National Union Policy requires Genesis or National Union to pay Magma's defense costs and to indemnify Magma for amounts incurred in excess of the applicable ERII policy with respect to the underlying lawsuits. ERII filed a counterclaim against Magma in response to the Third Party Complaint seeking a declaration of no coverage with respect to the unfair practices action (on the 2
CASE NO. 06-5526: JOINT CASE MANAGEMENT STATEMENT