Intel Corporation v. American Guarantee and Liability Insurance Company

Filing 237

ORDER BY JUDGE JEREMY FOGEL REQUESTING SUPPLEMENTAL BRIEFING. Signed by Judge JEREMY FOGEL on 8/24/2010. (jflc1S, COURT STAFF) (Filed on 8/24/2010)

Intel Corporation v. American Guarantee and Liability Insurance Company

Doc. 237

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**E-Filed 8/24/10**

INTEL CORPORATION, A DELAWARE CORPORATION, Plaintiff, v. AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, A NEW YORK CORPORATION Defendant. MARKEL AMERICAN INSURANCE COMPANY, a Virginia Corporation, Counterclaimant, v. INTEL CORPORATION, a Delaware Corporation, and AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, a New York Corporation, Counterclaim Defendants.

Case No. 09-299-JF (PVT) ORDER1 REQUESTING SUPPLEMENTAL BRIEFING

After considering the letter briefing submitted by the parties on August 16, 2010, the This disposition is not designated for publication in the official reports.

C a s e No. 09-299-JF (PVT) O R D E R REQUESTING SUPPLEMENTAL BRIEFING ( JF E X 1 )

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Court hereby requests that the parties submit supplemental briefing on (1) the preclusive effect of American Guarantee & Liability Insurance Company v. Intel Corporation, et al., Civil Action No. 09C-01-170-JOH (Del. Super. Ct. July 29, 2010), and (2) the effect of AGLI's and Markel's failure to argue in this Court that "Condition H" of the AGLI policy controls the triggering of payments only for indemnity rather than defense costs. For purposes of this supplemental briefing, AGLI and Markel shall be considered the "moving parties," and each shall individually submit an "opening" brief that addresses both issues. The "opening" briefs generally should be consistent with the requirements of Civ. L.R. 7-2, except that they need not notice a date and time for a hearing, and shall be filed on or before September 3, 2010. Intel's responsive briefs, which shall not exceed fifteen (15) pages in length, shall be filed on or before September 10, 2010. AGLI and Markel each may file a reply to the relevant responsive brief, and such replies generally must be consistent with the requirements of Civ. L.R. 7-3(c) and shall be filed on or before September 17, 2010. After September 17, 2010, the Court will determine whether to hold oral argument.

IT IS SO ORDERED.

DATED: 8/24/2010 JEREMY FOGEL United States District Judge

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C a se No. 09-299-JF (PVT) O R D E R REQUESTING SUPPLEMENTAL BRIEFING ( JF E X 1 )