The Phoenix Insurance Company et al v. Infinity Contact, Inc. et al

Filing 57

ORDER Granting 56 Stipulation to Revise Briefing Schedule for Opposition and Reply to Plaintiff's Motion for Summary Judgment. Opposition due by 8/15/2014. Reply due by 9/5/2014. Signed by Hon. Beth Labson Freeman on 7/22/2014. (blflc2, COURT STAFF) (Filed on 7/22/2014)

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Michael T. Jones (SBN 290660)
[e-mail]
Nicole L. Chessari (SBN 259970)
[e-mail]
GOODWIN PROCTER LLP
135 Commonwealth Drive
Menlo Park, California 94025-1105
Tel.: [phone]
Fax.: [phone]
Attorneys for Defendant
NUANCE COMMUNICATIONS, INC.

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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THE PHOENIX INSURANCE
COMPANY, a Connecticut corporation;
THE TRAVELERS INDEMNITY
COMPANY, a Connecticut corporation;
THE TRAVELERS INDEMNITY
COMPANY OF CONNECTICUT, a
Connecticut corporation; TRAVELERS
PROPERTY CASUALTY COMPANY OF
AMERICA, a Connecticut corporation,
Plaintiffs and CounterDefendants,

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v.

CASE NO. 5:13-cv-05905-BLF
JOINT STIPULATION AND
[PROPOSED] ORDER TO REVISE
BRIEFING SCHEDULE FOR
OPPOSITION AND REPLY TO
PLAINTIFFS’ MOTION FOR
SUMMARY JUDGMENT
DEMAND FOR JURY
Courtroom: 3
Judge:
Hon. Beth Labson Freeman
Floor:
5

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INFINITY CONTACT, INC., an Iowa
corporation; and NUANCE
COMMUNICATIONS, INC., a Delaware
corporation,

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Defendants and CounterClaimants

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JOINT STIPULATION AND [PROPOSED] ORDER TO
REVISE SUMMARY JUDGMENT BRIEFING SCHEDULE
Case No. 5:13-cv-05905-BLF

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Pursuant to Federal Rule of Civil Procedure 6(b) and Local Rules 6-1(b) and 6-2, Defendant

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NUANCE COMMUNICATIONS, INC. (“Nuance”) and Plaintiffs THE PHOENIX INSURANCE

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COMPANY, THE TRAVELERS INDEMNITY COMPANY, THE TRAVELERS INDEMNITY

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COMPANY OF CONNECTICUT, and TRAVELERS PROPERTY CASUALTY COMPANY

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OFAMERICA (collectively, “Plaintiffs”) (together, with Defendant, the “Parties”), through their

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undersigned counsel, hereby file the following stipulated request to extend the briefing schedules

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with respect to Plaintiffs’ Motion for Summary Judgment Against Defendant Nuance

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Communications, Inc., Docket Entry No. 52 (“Motion”), so that Defendant’s opposition to the

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Motion will be filed on or before August 15, 2014, and Plaintiffs’ reply brief in support of the

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Motion will be filed on or before September 5, 2014. In support of this request, the Parties stipulate

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as follows:

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WHEREAS, on June 2, 2014, the Court issued a Case Management Order, Docket Entry No.
46 (“Order”) setting forth the following schedule with respect to motions for summary judgment:

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Parties to file Cross-Motion for Summary
Judgment
Response to Motion for Summary
Judgment
Reply to Motion for Summary Judgment
Motion for Summary Judgment Hearing

June 30, 2014
July 30, 2014
August 20, 2014
November 6, 2014 at 9:00 a.m.

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WHEREAS, on June 30, 2014, Plaintiff filed its Motion with this Court;

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WHEREAS, on July 15, 2014, the Parties initiated discussions relating to potential settlement

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of this action;

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WHEREAS, in order to further explore potential settlement of this action, the Parties have

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agreed to extend Defendant’s deadline to file its opposition to the Motion until Friday, August 15,

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2014;

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WHEREAS, the Parties have further agreed to extend Plaintiffs’ deadline to file its reply to
the Motion until Friday, September 5, 2014;

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JOINT STIPULATION AND [PROPOSED] ORDER TO
REVISE SUMMARY JUDGMENT BRIEFING SCHEDULE
Case No. 5:13-cv-05905-BLF

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WHEREAS, the Parties agree that the Court should hold a hearing on the Motion on the
same date as previously scheduled;

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WHEREAS, no Party will be prejudiced by the relief requested in the stipulation;

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WHEREAS, no Party previously has requested an extension of time with respect to the

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Motion; and
WHEREAS, this extension will not substantively affect the overall case schedule given the
Order requires a hearing the Motion to occur on November 6, 2014, which shall remain unchanged.
WHEREAS, this stipulation is without prejudice to, or waiver of, any rights or defenses
otherwise available to the Parties in this action;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between the parties
hereto that:
1) Defendant Nuance Communications, Inc., shall have through and including August 15,
2014, to file its opposition to Plaintiffs’ Motion for Summary Judgment; and
2) Plaintiffs shall have through and including September 5, 2014, to file their reply in
support of Plaintiffs’ Motion for Summary Judgment.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: July 18, 2014

Respectfully submitted,

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By: /s/ Mark D. Peterson
Mark D. Peterson
CATES PETERSON LLP
4100 Newport Place, suite 230
Newport Beach, CA 92660
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs
The Phoenix Insurance Company, The
Travelers Indemnity Company, The Travelers
Indemnity Company of Connecticut, and
Travelers Property Casualty Company of
America

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JOINT STIPULATION AND [PROPOSED] ORDER TO
REVISE SUMMARY JUDGMENT BRIEFING SCHEDULE
Case No. 5:13-cv-05905-BLF

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Dated: July 18, 2014

Respectfully submitted,

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By: /s/ Nicole L. Chessari

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Michael T. Jones (SBN 661336)
Nicole L. Chessari (SBN 259970)
GOODWIN PROCTER LLP
135 Commonwealth Drive
Menlo Park, California 94025-1105
Tel.: [phone]
Fax.: [phone]

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Attorneys for Defendant
Nuance Communications, Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: July 22, 2014
HONORABLE BETH LABSON FREEMAN
United States District Judge

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JOINT STIPULATION AND [PROPOSED] ORDER TO
REVISE SUMMARY JUDGMENT BRIEFING SCHEDULE
Case No. 5:13-cv-05905-BLF