Genesis Insurance Company v. Magma Design Automation, Inc.

Filing 219

Order Granting 217 Stipulation Discharging Supersedeas Bond. Signed by Hon. Edward J. Davila on 3/7/2013.(ecg, COURT STAFF) (Filed on 3/7/2013)

LEWIS BRISBOIS BISGAARD & SMITH LLP
GLENN A. FRIEDMAN, ESQ. (SBN 104442)
[e-mail]
MICHAEL K. JOHNSON, ESQ. (SBN 130293)
[e-mail]
PAUL A. DESROCHERS, ESQ (SBN214855)
[e-mail]
333 Bush Street, Suite 1100
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]
Attorneys for Third-Party Defendant
NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA -- SAN JOSE DIVISION

GENESIS INSURANCE COMPANY,

CASE NO. 5:06-CV-05526 EJD

Plaintiff and Counter-Defendant,

STIPULATION AND ORDER
DISCHARGING SUPERSEDEAS
BOND

vs.

[Bond No. 94-44-47]

MAGMA DESIGN AUTOMATION, INC.,
Defendant and Counter-Claimant.
AND RELA1ED THIRD PARTY ACTION

WHEREAS, on March 2, 2011, the Court in the above-entitled action entered
Judgment in the favor of Plaintiff Genesis Indemnity Company, and against Defendant
National Union Fire Insurance Company of Pittsburgh, PA ("National Union"), in the
amount of $6,306,848.64 (Six million, three hundred six thousand, eight hundred fortyeight and six four) (Civil Docket Document No. ["Doc. No."] 200) (the "Judgment"); and

4849-5912-9363.1

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STIPULATION AND ORDER DISCHARGING SUPERSEDEAS BOND

C065526 JW

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WHEREAS, on March 14, 2011, National Union posted Supersedeas Bond No. 94-

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44-47in the amount of $6,350,000, executed by the Insurance Company of the State of

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Pennsylvania as surety ("the Supersedeas Bond") (Doe. No. 201); and

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WHEREAS, on April 1, 2011, National Union filed a Notice of Appeal (Doc. No.

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202) from the Judgment, and said appeal was docketed as Appeal No. 11-15800 in the

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United States Court of Appeal for the Ninth Circuit; and

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WHEREAS, on February 5, 2013, the Ninth Circuit Court of Appeal issued its

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memorandum decision in Appeal No. 11-15800 (Doc. No. 208), reversing the Judgment in

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favor of Genesis, and remanding the matter to the district court with instructions for further

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proceedings;

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WHEREAS, on February 28, 2013, the Ninth Circuit Court of Appeal issued the

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formal mandate in Appeal No. 11-15800, pursuant to Rule 41(a) of the Federal Rules of

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Appellate Procedure;

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NOW THEREFORE, Genesis and National Union hereby stipulate and agree that

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the Supersedeas Bond is no longer necessary, and should be discharged, and by this

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stipulation hereby request that this Court issue an Order discharging the Supersedeas

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Bond, and releasing the Insurance Company of the State of Pennsylvania and its parents,

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affiliates and subsidiaries from any and all past, present and future liability in connection

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with the issuance of the Supersedeas Bond.

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The Parties further stipulate and agree that all parties reserve all rights with regard

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to National Union's claim to recover costs on appeal, and by entering into this stipulation,

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no party waives any rights with regard to such costs.

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STIPULATION AND ORDER DISCHARGING SUPERSEDEAS BOND

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1 DATED: March 4, 2013

THOMPSON, LOSS & JUDGE

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By:

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/s/ Lewis K Loss
Lewis K. Loss, Esq.
Attorneys for Plaintiff/Counter-Claim Defendant
GENESIS INSURANCE COMPANY

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FARRELLA BRAUN & MARTEL LLP.

7 DATED: March 4, 2013
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By:

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Is/ Dennis M Cusack
Dennis M. Cusack, Esq.
Attorneys for Defendant/CrossDefendant/Counter-Claimant Third-Party
Plaintiff
MAGMA DESIGN AUTOMATION, INC.

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DATED: March 5 2013

LEWIS BRISBOIS BISGAARD & SMITH LLP

•

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By:

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Gle A. Friedman
Mic ael K. Johnson
Attorneys for Third-Party Defendants
NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA

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/ 11

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I/

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I/ I

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III

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III

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STIPULATION AND ORDER DISCHARGING SUPERSEDEAS BOND

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ORDER

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Pursuant to and based upon the foregoing Stipulation of the parties to discharge

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Supersedeas Bond No. 94-44-47 in the amount of $6,350,000, executed by the Insurance

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Company of the State of Pennsylvania, and posted by National Union to stay execution of

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the Court's judgment in this action pending resolution of Appeal No. 11-15800,

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THE COURT HEREBY ORDERS AND ADJUDGES that the Supersedeas Bond

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is no longer required, and it is hereby fully and unconditionally discharged, released and

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exonerated, and Insurance Company of the State of Pennsylvania and its parents, affiliates

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and subsidiaries are hereby released from any and all past, present or future liability in

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connection with the issuance of the Supersedeas Bond.

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IT IS SO ORDERED.

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Dated:

3/7

, 2013
United States District Court

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4849-5912-9363.1

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STIPULATION AND ORDER DISCHARGING SUPERSEDEAS BOND

C065526 JW