ATS, Inc et al v. FM Global, Inc. et al

Filing 61

STIPULATION AND ORDER SETTING STATUS CONFERENCE RE SETTLEMENT re 60 Stipulation. The hearing set for 3/29/2010 is VACATED. Stipulated Dismissal or Joint Status Statement due by 4/16/2010. Status Conference set for 4/26/2010 10:00 AM in Courtroom 8 , 4th Floor, San Jose. The Clerk shall terminate the pending Motions as withdrawn. Motions terminated: 51 MOTION to Dismiss filed by Marsh & McLennan Agency, LLC, Marsh, Inc., Marsh & McLennan Companies, Inc., 50 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by FM Global, Inc. Signed by Judge James Ware on 3/25/2010. (ecg, COURT STAFF) (Filed on 3/25/2010)

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NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ATS, PRODUCTS, INC., dba ATS, INC. and SHEA TECHNOLOGY, LLC, Plaintiffs, vs. FM GLOBAL, INC., MARSH & McLENNAN COMPANIES, INC.; MARSH McLENNAN CO.; MARSH & McLENNAN AGENCY, LLC; MARSH, INC., dba MARSH & McLENNAN; and GLOBAL MARSH, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.:

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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE ON MOTIONS TO DISMISS

Counsel for all parties report that they are in discussions regarding resolution of the abovecaptioned matter and hereby ask that the Court continue the hearing date for the Motions to Dismiss Plaintiffs' Second Amended Complaint filed by defendants Factory Mutual Insurance Company (erroneously sued as "FM Global, Inc.") (docket no. 50) and Marsh & McLennan Companies, Inc.; Marsh & McLennan Agency, LLC; and Marsh, Inc., (docket no. 51), from the currently scheduled March 29, 2010 to and until April 26, 2010, or to the next available hearing date thereafter that is convenient to the Court, in order to allow the parties to reach agreement and

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE CASE NO.: 5:09-CV-03175 JW-PVT

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prepare and file a proposed stipulation and dismissal with this Court. DATED: March 25, 2010 CARLSON, CALLADINE & PETERSON LLP

By: _________/S/_________________________________ JOYCE C. WANG Attorneys for Defendant FACTORY MUTUAL INSURANCE COMPANY (erroneously sued as "FM GLOBAL, INC.") DATED: March 25, 2010 BINGHAM MCCUTCHEN LLP

By: _________/S/_________________________________ ROBERT A. LEWIS Attorneys for Defendants MARSH & MCLENNAN COMPANIES, INC., MARSH INC., and MARSH & MCLENNAN AGENCY, LLC only.

DATED: March 25, 2010

LAW OFFICES OF MICHAEL G. ACKERMAN

By: __________/S/________________________________ MICHAEL G. ACKERMAN Attorneys for Plaintiffs ATS, PRODUCTS, INC., dba ATS, INC. and SHEA TECHNOLOGY, LLC *** ORDER *** In light of the parties' representation, the Court finds good cause to VACATE the March 29, IT IS SO ORDERED: 2010 hearing on the Motions to Dismiss and all pretrial and trial deadlines. The Court deems the Motions as withdrawn. The Court sets a Status Conference re: Settlement for April 26, 2010 at 10 a.m. On or before April 16, 2010, the parties shall file either a Stipulated Dismissal or a Joint DATED: March ___, Court Statement updating the2010 on the status of ______________________________________ the parties' settlement efforts. A Stipulated Dismissal JAMES WARE additional time to reduce their will vacate the Conference. In the event that the parties require United States much Judge settlement to a writing, the parties shall clearly specify howDistrictadditional time they require to do so. The Clerk shall terminate the pending Motions as withdrawn. (Docket Item Nos. 50, 51.)

Dated: March 25, 2010 222809_1.DOC

____________________________ 2 JAMES WARE STIPULATION AND [PROPOSED] ORDER States District Judge United CONTINUING HEARING DATE CASE NO.: 5:09-CV-03175 JW-PVT