E.Piphany, Inc. v. St. Paul Fire and Marine Insurance Company

Filing 37

ORDER Denying Stipulation to Continue re 35 Stipulation, filed by E.Piphany, Inc. Motion Hearing set for 10/27/2008 at 9:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 10/14/2008. (ecg, COURT STAFF) (Filed on 10/15/2008)

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SEDGWICK, DETERT, MORAN & ARNOLD LLP Bruce D. Celebrezze (SBN 102181) Michael A. Topp (SBN 148445) One Market Plaza Steuart Tower, 8th Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendant ST. PAUL FIRE & MARINE INSURANCE COMPANY

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

INFOR GLOBAL SOLUTIONS (MICHIGAN),) INC., a Michigan corporation, ) ) ) Plaintiff, ) ) ) vs. ) ) ) ST. PAUL FIRE & MARINE INSURANCE) COMPANY, a Minnesota corporation, ) ) ) Defendant. ) )

Case No.: 5:08-CV-02621-JW Hon. James Ware ORDER DENYING STIPULATION ORDER STIPULATED REQUEST FOR AN RESETTING THE OCTOBER 27, 2008 HEARING DATE ON INFOR'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND ST. PAUL'S CROSS-MOTION FOR SUMMARY JUDGMENT TO JANUARY 26, 2009

163032.1-10513-005-10/9/2008

STIPULATED REQUEST FOR ORDER RESETTING HEARING DATE CV-02621-JW

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Attorneys for Plaintiff INFOR GLOBAL SOLUTIONS (MICHIGAN), INC.

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GAUNTLETT & ASSOCIATES David A. Gauntlett (SBN 96399) James A. Lowe (SBN 215383) Christopher Lai (SBN 249425) 18400 Von Karman Avenue, Suite 300 Irvine, California 92612 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail]

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PLEASE TAKE NOTICE THAT Plaintiff Infor Global Solutions (Michigan), Inc. ("Infor"), the successor-in-interest to previously named plaintiff E.piphany, Inc. ("E.piphany"), by its counsel, Gauntlett & Associates, and Defendant St. Paul Fire & Marine Insurance Company ("St. Paul"), by its counsel, Sedgwick, Detert, Moran & Arnold LLP, hereby agree and stipulate as follows: 1. WHEREAS, Infor filed its motion for partial summary judgment on June 12, 2008,

and set it for hearing on October 27, 2008, 2. WHEREAS, St. Paul filed its cross-motion for summary judgment on October 6,

2008 also setting it for hearing on October 27, 2008, 3. WHEREAS, pursuant to Local Rule 7-2(a) and Local Rule 7-3(a), Infor needs

additional time to file its opposition papers to St. Paul's cross-motion, requiring a resetting of the hearing date as to St. Paul's cross-motion, 4. WHEREAS, the parties agree that the pending cross-motions should be considered

together by the Court after a single hearing and the parties are informed that the Court's first available date for setting civil motions is January 26, 2009, 5. WHEREAS, both parties request that the Court reset the October 27, 2008 hearing

date on Infor's motion for partial summary judgment and St. Paul's cross-motion for summary judgment for a single hearing on January 26, 2009, NOW, THEREFORE, THE PARTIES STIPULATE, AND REQUEST THE COURT TO ORDER, AS FOLLOWS: 1. The hearing date on Infor's motion for partial summary judgment and St. Paul's

motion for summary judgment is reset from October 27, 2008 to January 26, 2009 at 9:00 A.M. 2. Opposition and reply papers shall be filed in accordance with the Local Rules of the

United States District Court for the Northern District of California based on a January 26, 2009 hearing date. IT IS SO STIPULATED Dated: October 9, 2008 GAUNTLETT & ASSOCIATES

By:
163032.1-10513-005-10/9/2008

/s/ James A. Lowe 1
STIPULATED REQUEST FOR ORDER RESETTING HEARING DATE CV-02621-JW

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163032.1-10513-005-10/9/2008

David A. Gauntlett James A. Lowe Christopher Lai Dated: October 9, 2008 SEDGWICK, DETERT, MORAN & ARNOLD LLP

By:

/s/ Bruce D. Celebrezze Bruce D. Celebrezze Michael A. Topp

*** ORDER *** IT IS SO ORDERED: Since the issues raised in Plaintiff's Motion may moot the issues raised in Defendant's ____________________________________ JAMES WARE Cross-Motion, the Court DENIES the JUDGEStipulation to continue the hearing on Plaintiff's UNITED STATES DISTRICT parties' Motion currently set for October 27, 2008. DATED: ________________________ Dated: October 14, 2008 _________________________________ JAMES WARE United States District Judge

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STIPULATED REQUEST FOR ORDER RESETTING HEARING DATE CV-02621-JW