Chubb Custom Insurance Company et al v. Space Systems/Loral, Inc. et al

Filing 104

STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANTS CHEVRON CORPORATION, SUN MICROSYSTEMS, INC., FORD MOTOR COMPANY AND HARMAN-STEVENSON, INC. TO RESPOND TO SECOND AMENDED COMPLAINT re 102 . Signed by Judge Jeremy Fogel on 8/9/10. (dlm, COURT STAFF) (Filed on 8/13/2010)

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ROGERS JOSEPH O'DONNELL ROBERT C. GOODMAN (State Bar No. 111554) ANN M. BLESSING (State Bar No. 172573) D. KEVIN SHIPP (State Bar No. 245947) 311 California Street San Francisco, California 94104 Tel [phone] Fax [phone] [e-mail], [e-mail], [e-mail] Attorneys for Defendant CHEVRON CORPORATION KIRK C. CHAMBERLIN (State Bar No. 132946) PENELOPE S. PARK (State Bar No. 220452) CHAMBERLIN KEASTER & BROCKMAN LLP 16000 Ventura Boulevard, Suite 700 Encino, CA 91436-2758 Tel [phone] Fax [phone] [e-mail], [e-mail] Attorneys for Plaintiff CHUBB CUSTOM INSURANCE COMPANY UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CHUBB CUSTOM INSURANCE COMPANY, for itself and as subrogee of, and in the name of TAUBE-KORET CAMPUS FOR JEWISH LIFE, Plaintiff, Case No. C-09-04485 JF
------------------STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR DEFENDANTS CHEVRON CORPORATION, SUN MICROSYSTEMS, INC., FORD MOTOR COMPANY AND HARMANSTEVENSON, INC. TO RESPOND TO SECOND AMENDED COMPLAINT; PROPOSED BRIEFING SCHEDULE; DECLARATION OF D. KEVIN SHIPP IN SUPPORT THEREOF

SPACE SYSTEMS/LORAL, INC., a Delaware corporation, directly and as successor in interest to FORD AEROSPACE & COMMUNICATIONS CORPORATION, FORD MOTOR COMPANY, a Delaware corporation, as predecessor in interest to FORD AEROSPACE & COMMUNICATIONS CORPORATION, SUN MICROSYSTEMS, INC., a Delaware corporation, CHEVRON CORPORATION, a Delaware corporation, and HARMAN STEVENSON INC., a California corporation, dba KFC, Defendants.

Amended Complaint Filed: July 23, 2010 Honorable Jeremy D. Fogel

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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 Complaint. 6. 1.

DECLARATION OF D. KEVIN SHIPP I am an associate at the law firm of Rogers Joseph O'Donnell, attorneys

for Defendant Chevron Corporation. I know the following facts on my own personal knowledge and if called upon could and would competently testify thereto. 2. 3. Plaintiff's Second Amended Complaint was filed on July 23, 2010. The responses of Defendants Chevron Corporation, Ford Motor

Company, Harman-Stevenson, Inc. (currently known as Harman-Prudence, Inc.), and Sun Microsystems, Inc. (collectively "Defendants") to the Second Amended Complaint are otherwise due by August 9, 2010. 4. Plaintiff and Defendants have agreed to extend the deadline for

Defendants to respond to the Second Amended Complaint to and including September 8, 2010. This extension will not alter the date of any event or any deadline already fixed by Court order. 5. Certain Defendants may file a motion to dismiss the Second Amended

Plaintiff and Defendants have met and conferred regarding the hearing

date for any such motions as required by the Standing Order Regarding Case Management In Civil Cases issued on July 30, 2010, as well as a briefing schedule for such a motion. 7. Plaintiff and Defendants have been advised by the Court Deputy that

October 29, 2010 is an available date for any hearing on a motion to dismiss. 8. Pursuant to Local Rule 7-3 Plaintiff's opposition brief would otherwise

be due on October 8, 2010 and Defendants' reply briefs would be due on October 15, 2010. 9. Plaintiff requested that Defendants agree to modify the briefing

schedule established by Local Rule 7-3 to accommodate Plaintiff's counsel's unavailability from September 14 through October 3, 2010. 10. Plaintiff and Defendants have agreed to extend the time for Plaintiff to

file an opposition brief by five days to October 13, 2010 and to delay the filing of any reply
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brief by five days to October 20, 2010. I declare under penalty of perjury that the foregoing is true and correct. Executed this 5th day of August 2010 in San Francisco, California. /s/ D. Kevin Shipp D. Kevin Shipp

IT IS HEREBY STIPULATED pursuant to Local Rule 6-1(b) and Rule 6-2(a), by the parties to this action, by and through their undersigned counsel, as follows: A. Defendants shall file and serve their response to the Second Amended

Complaint on or before September 8, 2010. B. If Defendants file a motion to dismiss the Second Amended Complaint,

they will request that the motion be heard on October 29, 2010. C. If Defendants file a motion to dismiss the Second Amended Complaint,

any opposition brief will be due on October 13, 2010. D. If Defendants file a motion to dismiss the Second Amended Complaint,

any reply brief will be due on October 20, 2010. Dated: August 5, 2010 CHAMBERLIN KEASTER & BROCKMAN LLP /s/ Kirk C. Chamberlin KIRK C. CHAMBERLIN Attorney for Plaintiff CHUBB CUSTOM INSURANCE COMPANY By:

Dated: August 5, 2010

ROGERS JOSEPH O'DONNELL By: /s/ D. Kevin Shipp D. KEVIN SHIPP Attorney for Defendant CHEVRON CORPORATION
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Stipulation and [Proposed] Order to Extend Time for Defendants to Respond to Second Amended Complaint; Proposed Briefing Schedule Case No.: C09 04485 JF
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1 2 3 4 5 6 7 8 9 10 11 Dated: August 5, 2010 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Stipulation and [Proposed] Order to Extend Time for Defendants to Respond to Second Amended Complaint; Proposed Briefing Schedule Case No.: C09 04485 JF
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Dated: August 5, 2010

HOLME ROBERTS & OWEN LLP /s/ Katheryn Coggon KATHERYN COGGON Attorney for Defendant SUN MICROSYSTEMS, INC. By:

Dated: August 5, 2010

SHOOK, HARDY AND BACON, L.L.P. /s/ Kevin T. Haroff KEVIN T. HAROFF Attorney for Defendant FORD MOTOR COMPANY McKAY, BURTON, & THURMAN /s/ Nickolas S. Rice NICKOLAS S. RICE Attorney for Defendant HARMAN-STEVENSON, INC. (currently known as Harman-Prudence, Inc.) By: By:

I attest that concurrence in the filing of this document has been obtained from Kirk C. Chamberlin for Plaintiff, Katheryn Coggon for Defendant Sun Microsystems, Inc., Kevin T. Haroff for Defendant Ford Motor Company; and Nickolas S. Rice for Defendant HarmanStevenson, Inc. (currently known as Harman-Prudence, Inc.). By: /s/ D. Kevin Shipp D. KEVIN SHIPP Attorney for Defendant CHEVRON CORPORATION

IT IS SO ORDERED. 8/9/10 DATED: ______________________

By _________________________________ JUDGE JEREMY D. FOGEL UNITED STATES DISTRICT JUDGE
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