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

Filing 65

ORDER Granting 64 Fourth Joint Stipulation to Revise Briefing Schedule for Opposition and Reply to Plaintiff's Motion for Summary Judgment. Responses due by 10/29/2014. Replies due by 11/24/2014. Motion Hearing set for 12/18/2014 01:30 PM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Signed by Hon. Beth Labson Freeman on 9/30/2014. (blflc2, COURT STAFF) (Filed on 9/30/2014)

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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
FOURTH 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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FOURTH 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. (“Defendant”) and Plaintiffs THE PHOENIX

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INSURANCE COMPANY, THE TRAVELERS INDEMNITY COMPANY, THE TRAVELERS

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INDEMNITY COMPANY OF CONNECTICUT, and TRAVELERS PROPERTY CASUALTY

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

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

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schedules 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 October 29, 2014, and Plaintiffs’ reply brief in support of the

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Motion will be filed on or before November 24, 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:
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, Plaintiffs filed their 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;
WHEREAS, to further explore potential settlement of this action, the Parties stipulated on

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July 18, 2014 to extend Defendant’s deadline to file its opposition to the Motion until Friday, August

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15, 2014 and Plaintiffs’ deadline to file their reply to the Motion until Friday, September 5, 2014;

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WHEREAS, to further explore potential settlement of this action, the Parties stipulated on

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August 28, 2014 to extend Defendant’s deadline to file its opposition to the Motion until September

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29, 2014 and Plaintiffs’ deadline to file their reply to the Motion until October 22, 2014;

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FOURTH 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 have reached a settlement, in principal, and are in the process of
preparing an agreement to memorialize the settlement;
WHEREAS, to provide the Parties with sufficient time to prepare and enter into the

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settlement agreement, the Parties have agreed to extend Defendant’s deadline to file its opposition to

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the Motion until Wednesday, October 29, 2014;

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WHEREAS, the Parties have further agreed to extend Plaintiffs’ deadline to file its reply to
the Motion until Monday, November 24, 2014;
WHEREAS, if the settlement agreement is not effectuated, the Parties agree that the Court
should hold a hearing on the Motion on Thursday, December 18, 2014 at 9:00a.m.;
WHEREAS, on September 29, 2014, the Parties notified the Court via telephone and via

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email that they would like to vacate the November 6, 2014 hearing date and reserve the December

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18, 2014 date for the hearing on the Motion and the Court confirmed telephonically that the hearing

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would be reset for December 18, 2014;

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

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WHEREAS, this stipulation is without prejudice to, or waiver of, any rights or defenses

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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 October 29,
2014, to file its opposition to Plaintiffs’ Motion for Summary Judgment;
2) Plaintiffs shall have through and including November 24, 2014, to file their reply in
support of Plaintiffs’ Motion for Summary Judgment; and
3) The hearing on Plaintiffs’ Motion for Summary Judgment shall be vacated and
rescheduled for Thursday, December 18, 2014 at 9:00a.m.

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

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: September 29, 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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Dated: September 29, 2014

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Respectfully submitted,
By: /s/ Nicole L. Chessari
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: September 30, 2014

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HONORABLE BETH LABSON FREEMAN
United States District Judge

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