NextG Networks, Inc. v. OneBeacon America Insurance Company

Filing 13

STIPULATION AND ORDER 12 to Deem Motion to Dismis Moot and to Vacate January 6, 2012 Hearing Date, Motions terminated: 9 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted filed by OneBeacon America Insurance Company. Signed by Judge Ronald M. Whyte on 12/20/11. (jg, COURT STAFF) (Filed on 12/20/2011)

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Gary R. Selvin, State Bar No. 112030
David A. Evans, State Bar No. 181854
SELVIN WRAITH HALMAN LLP
505 14th Street, Suite 1200
Oakland, CA 94612
Telephone:
[phone]
Facsimile:
[phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Defendant
OneBeacon America Insurance Company

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION

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NEXTG NETWORKS, INC.,

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Plaintiff,
v.
ONEBEACON AMERICA INSURANCE
COMPANY,

CASE NO.: 5:11-cv-05318-RMW
Assigned to Honorable Ronald M. Whyte
Courtroom 6 - 4th Floor

STIPULATION TO DEEM MOTION TO
DISMISS MOOT AND TO VACATE
JANUARY 6, 2012 HEARING DATE
Complaint Filed: October 3, 2011

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Defendant.
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Stipulation; Order

CASE NO.: 5:11-cv-05318-RMW

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Whereas NextG Networks, Inc. filed suit against OneBeacon America Insurance Company for

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breach of contract, declaratory judgment, and breach of the covenant of good faith and fair dealing,

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and

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Whereas OneBeacon removed the action to the above-referenced court, and filed a motion to
dismiss pursuant to FRCP Rule 12(b)(6), and
Whereas NextG Networks filed a first amended complaint prior to the hearing on the motion
to dismiss,
Therefore, the parties wish to stipulate that the motion to dismiss the complaint is deemed
moot, that the January 6, 2012 hearing date is vacated, and that OneBeacon has up to and including

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December 21, 2011 within which to file a responsive pleading to the first amended complaint.

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Dated: December 5, 2011

SELVIN WRAITH HALMAN LLP

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By: /s/ Gary R. Selvin
Gary R. Selvin
David A. Evans
Attorneys for Defendant
OneBeacon America Insurance Company

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Dated: December 5, 2011

HOLLAND & KNIGHT LLP

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By: /s/ James A. Riddle –email authorization
James A. Riddle
Attorneys for Plaintiff
NextG Networks, Inc.

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IT IS SO ORDERED.

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Dated: _______________

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United States Northern District Judge
Honorable Ronald M. Whyte

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Stipulation; Order

CASE NO.: 5:11-cv-05318-RMW