Advent, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA
Filing
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Order by Hon. Lucy H. Koh granting 16 Stipulation Re Motion to Dismiss and First Amended Complaint.(lhklc3, COURT STAFF) (Filed on 3/5/2013)
1 Kirk A. Pasich (94242)
pasichk@dicksteinshapiro.com
2 Fiona Chaney (227725)
chaneyf@dicksteinshapiro.com
3 DICKSTEIN SHAPIRO LLP
2049 Century Park East, Suite 700
4 Los Angeles, CA 90067-3109
Telephone: (310) 772-8300
5 Facsimile: (310) 772-8301
6 Attorneys for Plaintiff ADVENT, INC.,
a California corporation
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8 Kevin G. McCurdy (SBN 115083)
kevin.mccurdy@mccurdylawyers.com
9 McCURDY & FULLER LLP
4300 Bohannon Drive, Suite 240
10 Menlo Park, CA 94025
Telephone: (650) 618-3500
11 Facsimile: (650) 618-3599
12 Attorneys for Defendant NATIONAL UNION
FIRE INSURANCE COMPANY OF
13 PITTSBURGH, PA., a Pennsylvania corporation
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
18 ADVENT, INC., a California corporation,
CASE NO. CV-13-0561 LHK
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Hon. Lucy H. Koh
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Plaintiff,
v.
STIPULATION AND [PROPOSED]
ORDER RE MOTION TO DISMISS AND
FIRST AMENDED COMPLAINT
21 NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA, a
22 Pennsylvania corporation,
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Complaint Filed: January 3, 2013
Defendant.
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DICKSTEIN
SHAPIRO LLP
-1STIPULATION AND [PROPOSED] ORDER RE MOTION TO DISMISS AND FIRST AMENDED COMPLAINT
DOCSLA-107981
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WHEREAS, plaintiff Advent, Inc. (“Advent”) filed a complaint against defendant National
2 Union Fire Insurance Company of Pittsburgh, Pa. (“National Union”) alleging causes of action for
3 declaratory relief and breach of contract in the Superior Court of California for the County of Santa
4 Clara;
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WHEREAS, National Union filed a Notice of Removal of Action (Doc. 1) on or about
6 February 7, 2013;
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WHEREAS, National Union filed a Notice of Motion and Motion to Dismiss Plaintiff’s
8 Complaint (Doc. 10) on or about February 14, 2013, with a scheduled hearing date of July 11, 2013;
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WHEREAS, Advent and National Union (collectively referred to herein as the “Parties”),
10 met and conferred on February 20, 2013, regarding National Union’s Motion to Dismiss;
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WHEREAS, National Union filed an Amended Notice of Motion and Motion to Dismiss
12 Plaintiff’s Breach of Contract Cause of Action (Doc. 14) on or about February 20, 2013;
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WHEREAS, the Parties have further met and conferred to resolve issues relating to Advent’s
14 breach of contract cause of action amicably and to minimize any burden on this Court:
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NOW, THEREFORE, IT IS STIPULATED by and between Advent and National Union,
16 through their counsel of record, that:
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1.
Advent shall file a First Amended Complaint, which contains only a single cause of
18 action for declaratory relief;
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2.
Advent’s withdrawal of its cause of action for breach of contract is done without
20 prejudice to Advent’s right to later assert this cause of action and the cause of action for breach of
21 contract shall be deemed to be dismissed without prejudice; and
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DICKSTEIN
SHAPIRO LLP
-2STIPULATION AND [PROPOSED] ORDER RE MOTION TO DISMISS AND FIRST AMENDED COMPLAINT
DOCSLA-107981
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3.
National Union shall withdraw its Amended Notice of Motion and Motion to Dismiss
2 Plaintiff’s Breach of Contract Cause of Action.
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4 DATED: March 5, 2013
DICKSTEIN SHAPIRO LLP
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By:
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/s/ Fiona A. Chaney
Fiona A. Chaney
Attorneys for ADVENT, INC.
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DATED: March 5, 2013
MCCURDY & FULLER LLP
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By:
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/s/ Kevin P. McCurdy
Kevin P. McCurdy
Attorneys for NATIONAL UNION FIRE
INSURANCE COMPANY OF PITTSBURGH,
PA., a Pennsylvania corporation
IT IS SO ORDERED. In light of this Order, the hearing on Defendants' Motion to Dismiss,
currently scheduled for July 11, 2013, is hereby VACATED.
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DATED: March 5
, 2013
HONORABLE LUCY H. KOH
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DICKSTEIN
SHAPIRO LLP
-3STIPULATION AND [PROPOSED] ORDER RE MOTION TO DISMISS AND FIRST AMENDED COMPLAINT
DOCSLA-107981
PROOF OF SERVICE VIA E-MAIL
Advent, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA
Case No. CV13-0561 LHK
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STATE OF CALIFORNIA
)
) ss.
COUNTY OF LOS ANGELES )
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I am employed in the County of Los Angeles, State of California. I am over the
age of 18 and not a party to the within action. My business address is 2049 Century
Park East, Suite 700, Los Angeles, California 90067.
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On March 5, 2013, I served the document(s) described as:
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STIPULATION AND [PROPOSED] ORDER RE
MOTION TO DISMISS AND FIRST AMENDED COMPLAINT
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by placing the original a true copy thereof enclosed in a sealed envelope
addressed as follows:
Kevin G. McCurdy, Esq.
McCURDY & FULLER LLP
4300 Bohannon Drive, Suite 240
Menlo Park, CA 94025
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Attorneys for Defendant NATIONAL
UNION FIRE INSURANCE COMPANY
OF PITTSBURGH, PA., a Pennsylvania
corporation
Telephone: (650) 618-3500
Facsimile: (650) 618-3599
Email:
kevin.mccurdy@mccurdylawyers.com
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BY E-MAIL VIA PDF FILE: By transmitting on this date via e-mail a true and
correct copy scanned into an electronic file in Adobe “pdf” format. The
transmission was reported as complete and without error and/or the documents
were served electronically through the court’s CM/ECF system.
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I declare that I am employed in the office of a member of the State Bar of this
Court at whose direction the service was made. I declare under penalty of perjury
under the laws of the United States of America that the above is true and correct.
Executed on March 5, 2013, at Los Angeles, California.
/s/ Cindy Price
Cindy Price
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DICKSTEIN
DICKSTEIN
SHAPIRO LLP
SHAPIRO
LLP
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Proof of Service Via E-mail
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