Seagate Technology, LLP v. National Union Fire Insurance Company of Pittsburgh, PA

Filing 38

ORDER as Modified by the Court Extending Pretrial Deadlines and Continuing Preliminary Pretrial Conference re 37 Pretrial Conference Statement filed by Seagate Technology, LLP. Fact Discovery Cut-Off: March 23, 2009, Last Date for Hearing on Dispos itive Motions: April 27, 2009 at 9 a.m., Joint Preliminary Pretrial Conference Statement: February 13, 2009, Pretrial Conference set for 2/23/2009 11:00 AM in Courtroom 8, 4th Floor, San Jose. The Court encourages the parties to continue to work in good faith toward their settlement efforts. Signed by Judge James Ware on 11/13/2008. (ecg, COURT STAFF) (Filed on 11/13/2008)

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

ER

N

F D IS T IC T O R

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION SEAGATE TECHNOLOGY LLC, Plaint iff, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, a Pennsylvania corporation, Defendant. CASE NO: C 07 05700 JW JOINT PRELIMINARY PRETRIAL AND TRIAL SETTING CONFERENCE STATEMENT AND [PROPOSED] ORDER Date: Time: Dept.: Judge: November 17, 2008 11:00 a.m. Courtroom 8, 4th Floor Hon. James Ware November 8, 2007

Complaint Filed:

OHS WEST:260545596.1

JOINT PRELIMINARY PRETRIAL AND TRIAL SETTING CONFERENCE STATEMENT AND [PROPOSED] ORDER NO: C 07 05700 JW

A

C

LI

Attorneys for Plaintiff Seagate Techno logy LLC

FO

mes Wa Judge Ja

re

R NIA

ROBERT E. FREITAS (STATE BAR NO. 80948) [e-mail] m DANIEL J. WEINBERG (STATE BAR NO. 227159) [e-mail] m ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, California 94025 Telephone: [phone] Facsimile: 650-614-7401

UNIT ED

S

S DISTRICT TE C TA

ERED O ORD D IT IS S DIFIE AS MO

RT U O

NO

RT

H

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

The parties to the above-entitled action jointly submit this Joint Preliminary Pretrial and Trial Setting Conference Statement and [Proposed] Order. I. BRIEF STATEMENT OF THE CASE. This is an action for breach of contract and tortious breach of the implied covenant of good faith and fair dealing. Defendant and insurer National Unio n Fire Insurance Company of Pittsburgh, PA ("National Union") issued plaintiff and insured Seagate Technology LLC ("Seagate") commercial general liability insurance policy No. RM GL 480-58-47 with a policy period from July 1, 2003 through at least August 1, 2004 ("Policy No. RM GL 480-58-47"). On or about June 22, 2004, Seagate filed a lawsuit against Cornice, Inc. ("Cornice") in the United States District Court for the District of Delaware entitled Seagate Technology LLC v. Cornice, Inc., Case No. 04-418 SLR ("Cornice Lit igat ion"). Seagate alleged that Cornice infringed seven United States patents. Cornice filed a counterclaim in which it alleged that Seagate disparaged Cornice's goods, products, and services. Among other defenses, Seagate defended against the counterclaim by establishing that Cornice's products infringed Seagate's patents. National Union was provided with notice of the Cornice counterclaim and National Union stated that it would defend Seagate, subject to a reservation of rights. II. READINESS FOR TRIAL. The parties are not presently ready for trial because of scheduling conflicts, witness unavailability, delays in discovery, and both parties' continued desire to conduct a settlement conference. Accordingly, the parties seek modification of the trial schedule and request that the Court schedule a Second Preliminary Pretrial Conference as described in Section VI. III. AMOUNT OF TIME TO ALLOCATE TO TRIAL. As stated in the Joint Case Management Statement and [Proposed] Order (Docket Item No. 12), the parties anticipate that trial with last approximately 3-5 days. However, it may be possible to reduce the length of trial through stipulations and/or motions for summary judgment/adjudication. Accordingly, the parties request that the Court defer trial time allocation to a Second Preliminary Pretrial Conference.
OHS WEST:260545596.1

-1-

JOINT PRELIMINARY PRETRIAL AND TRIAL SETTING CONFERENCE STATEMENT AND [PROPOSED] ORDER NO: C 07 05700 JW

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

IV.

CALENDAR PERIOD FOR TRIAL. The parties seek modification of the trial schedule. See infra Section VI.

Therefore, the parties request that the Court defer setting a trial calendar period until a Second Preliminary Pretrial Conference. V. SETTLEMENT AND ADR. The parties have agreed to conduct a settlement conference and believe this case can be settled. The parties have attempted to schedule mediation with private mediators and settlement conferences with Magistrate Judges of the Northern District of California. Because of scheduling difficulties, no mediat ion or conference has occurred. On September 22, 2008, counsel for Seagate and National Union attended a Case Management Conference before this Court in the unrelated case National Union, et. al. v. Seagate Technology, Inc., Case No. C 04-01593 JW. During that conference, the Court referred the parties to Magistrate Judge Richard Seeborg for purposes of conducting a settlement conference in that case. Pursuant to National Union counsel's request, the Court also referred the parties in this action to Magistrate Judge Seeborg for a settlement conference. The parties scheduled a settlement conference for December 15 and 16, 2008. However, as a result of the magistrate judge's trial schedule, the settlement conference had to be rescheduled. As of the date of this filing, the parties are seeking available dates from Magistrate Judges Seeborg, Chen and Trumbull. VI. SCHEDULING. Pursuant to Court Order dated July 30, 2007, the Court set the following case schedule: Fact discovery cut-off Last Date for Hearing Dispositive Motions December 15, 2008 February 23, 2009 at 9:00 a.m.

OHS WEST:260545596.1

-2-

JOINT PRELIMINARY PRETRIAL AND TRIAL SETTING CONFERENCE STATEMENT AND [PROPOSED] ORDER NO: C 07 05700 JW

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
OHS WEST:260545596.1

Preliminary Pretrial Conference Preliminary Pretrial Conference Statements

November 17, 2008 November 7, 2008

As a result of scheduling conflicts, witness unavailability, and delays in discovery, as well as the scheduled settlement conference, the parties propose the following schedule modifications: Fact discovery cut-off Last Date for Hearing Dispositive Motions February 23, 2009 March 23, 2009 at 9:00 a.m.

Second Preliminary PreTrial Conference Second Preliminary Pretrial Conference Statement

January 26, 2009 January 16, 2009

Dated: November 7, 2008

Respect fully submitted, ORRICK, HERRINGTON & SUTCLIFFE LLP /s/ Robert E. Freitas /s/ Robert E. Freitas Attorneys for Plaintiff Seagate Techno logy LLC

Dated: November 7, 2008

DRINKER, BIDDLE & REATH LLP /s/ Mark D. Sheridan /s/ Mark D. Sheridan Attorneys for Defendant National Union Fire Insurance Co mpany Of Pittsburgh, PA -3JOINT PRELIMINARY PRETRIAL AND TRIAL SETTING CONFERENCE STATEMENT AND [PROPOSED] ORDER NO: C 07 05700 JW

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

Filer's Attestation: Pursuant to General Order No. 45, §X(B), I attest under penalty of perjury that concurrence in the filing of the document has been obtained from its signatory. Respectfully submitted, /s/ Daniel J. Weinberg /s/ Daniel J. Weinberg

OHS WEST:260545596.1

-4-

JOINT PRELIMINARY PRETRIAL AND TRIAL SETTING CONFERENCE STATEMENT AND [PROPOSED] ORDER NO: C 07 05700 JW

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

PRELIMINARY PRETRIAL AND TRIAL SETTING ORDER Based on Therepresentations madeand the parties in Conference Statementthe Court finds the Preliminary Pretrial by Trial Setting their Joint Statement, and [Proposed] Order is hereby adopted by the Court as the Preliminary Pretrial and Trial Setting Order for the good cause to continue the Preliminary Pretrial Conference currently scheduled for November case and the parties are ordered to comply with this Order. 17, 2008. In addition, the Court finds good cause to adopt the parties' Stipulation regarding the Dated: ___________slight_modification as follows: case schedule with a ____ ____, 2008 (1) Fact Discovery Cut-Off: March 23, 2009 James Ware United States District Court Judge (2) Last Date for Hearing on Dispositive Motions: April 27, 2009 at 9 a.m.

(3) Preliminary Pretrial Conference: February 23, 2009 at 11 a.m. (4) Preliminary Pretrial Conference Statement: February 13, 2009 The Court encourages the parties to continue to work in good faith toward their settlement efforts.

Dated: November 13, 2008

______________________________ JAMES WARE United States District Judge

OHS WEST:260545596.1

-5-

JOINT PRELIMINARY PRETRIAL AND TRIAL SETTING CONFERENCE STATEMENT AND [PROPOSED] ORDER NO: C 07 05700 JW