Advent, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA

Filing 17

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)

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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 7 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 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 SAN JOSE DIVISION 18 ADVENT, INC., a California corporation, CASE NO. CV-13-0561 LHK 19 Hon. Lucy H. Koh 20 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, 23 Complaint Filed: January 3, 2013 Defendant. 24 25 26 27 28 DICKSTEIN SHAPIRO LLP -1STIPULATION AND [PROPOSED] ORDER RE MOTION TO DISMISS AND FIRST AMENDED COMPLAINT DOCSLA-107981 1 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; 5 WHEREAS, National Union filed a Notice of Removal of Action (Doc. 1) on or about 6 February 7, 2013; 7 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; 9 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; 11 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; 13 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: 15 NOW, THEREFORE, IT IS STIPULATED by and between Advent and National Union, 16 through their counsel of record, that: 17 1. Advent shall file a First Amended Complaint, which contains only a single cause of 18 action for declaratory relief; 19 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 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// DICKSTEIN SHAPIRO LLP -2STIPULATION AND [PROPOSED] ORDER RE MOTION TO DISMISS AND FIRST AMENDED COMPLAINT DOCSLA-107981 1 3. National Union shall withdraw its Amended Notice of Motion and Motion to Dismiss 2 Plaintiff’s Breach of Contract Cause of Action. 3 4 DATED: March 5, 2013 DICKSTEIN SHAPIRO LLP 5 6 By: 7 /s/ Fiona A. Chaney Fiona A. Chaney Attorneys for ADVENT, INC. 8 9 DATED: March 5, 2013 MCCURDY & FULLER LLP 10 By: 11 12 13 14 15 /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. 16 17 DATED: March 5 , 2013 HONORABLE LUCY H. KOH 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) 5 6 7 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. 8 On March 5, 2013, I served the document(s) described as: 9 STIPULATION AND [PROPOSED] ORDER RE MOTION TO DISMISS AND FIRST AMENDED COMPLAINT 10 11 12 13 14  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 15 16 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 17 18 19  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. 20 21 22 23 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 24 25 26 27 28 DICKSTEIN DICKSTEIN SHAPIRO LLP SHAPIRO LLP 4 Proof of Service Via E-mail

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