Ironshore Specialty Insurance Company v. 23andMe, Inc.

Filing 35

ORDER APPROVING 34 STIPULATION AND REQUEST TO CONTINUE HEARING ON DEFENDANT'S MOTION TO STAY AND CASE MANAGEMENT CONFERENCE. Case Management Statement due by 4/2/2015. Case Management Conference set for 4/9/2015 01:30 PM in Courtroom 3, 5th Floor, San Jose. Motion Hearing set for 4/9/2015 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. (blflc1, COURT STAFF) (Filed on 12/17/2014)

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RONALD P. SCHILLER (Pro hac vice)
SHARON F. MCKEE (Pro hac vice)
BONNIE M. HOFFMAN (Pro hac vice)
HANGLEY ARONCHICK SEGAL PUDLIN & SCHILLER
One Logan Square, 27th Floor
Philadelphia, Pennsylvania 19103
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Douglas K. Wood, Esq. (SBN 121804)
Robin L. Singer, Esq. (SBN 252981)
MORRIS POLICH & PURDY LLP
One Embarcadero Center, Suite 400
San Francisco, CA 94111-3619
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff
IRONSHORE SPECIALTY INSURANCE COMPANY

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LAWRENCE A. COX (SBN 076140)
[e-mail]
ARNOLD & PORTER LLP
777 South Figueroa Street, Forty-Fourth Floor
Los Angeles, California 90017-5844
Telephone: [phone]
Facsimile: 213.243.4199

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SHARON D. MAYO (SBN 150469)
[e-mail]
ARNOLD & PORTER LLP
Three Embarcadero Center, Tenth Floor
San Francisco, California 94111-4024
Telephone: [phone]
Facsimile: 415.471.3400

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Attorneys for Defendant
23ANDME, INC.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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STIPULATION AND REQUEST TO CONTINUE HEARING ON DEFENDANT’S MOTION TO STAY AND
CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER
Case No.: 5:14-cv-03286-BLF

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IRONSHORE SPECIALTY INSURANCE
COMPANY,

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Plaintiff,
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vs.
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Case No.: 5:14-cv-03286-BLF
STIPULATION AND REQUEST TO
CONTINUE HEARING ON
DEFENDANT’S MOTION TO STAY AND
CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER

23ANDME, INC.,
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Defendant.

[Civ. L. R. 7-7(b)(2) and 16-2(d); Order
Required]

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1.

In accordance with Civil Local Rule 7-7(b)(2), the parties in the above-captioned

action hereby stipulate to Ironshore Specialty Insurance Company’s request to continue the hearing
on Defendant’s Motion to Stay currently scheduled for January 8, 2015 until April 9, 2015.
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In accordance with Civil Local Rule 16-2(d), the parties also stipulate to the Case

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Management Conference currently scheduled for January 8, 2105 being moved to and also held on

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April 9, 2015. The parties further stipulate that the deadlines associated with the Initial Case

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Management Conference be adjusted accordingly.

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3.

Good cause exists for these requests.

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4.

Ironshore filed its Complaint in this action against Defendant 23andMe, Inc. (“23

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and Me”) on July 21, 2014 (ECF 1), and the case was assigned to Magistrate Judge Grewal (ECF 4).
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A Case Management Conference was initially set for December 9, 2014. (ECF 6).

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After this matter was reassigned to Judge Freeman, the Case Management Conference was

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rescheduled for January 8, 2015 at 1:30 a.m. (ECF 23).

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6.

On September 5, 2014, 23andMe filed a Motion to Stay Insurance Coverage

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Litigation Pending Resolution of the Underlying 23andMe Personal Genome Service (PGS)

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Litigation (the “Motion to Stay”), which was docketed at ECF 26. The hearing on the Motion to

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Stay was set for January 8, 2015 at 9:00 a.m.

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7.

Ironshore requested, and 23andMe agreed to, a one-week extension of time to

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respond to the Motion and file a reply. (ECF 27). The Court granted the extensions on September

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17, 2014. (ECF 28). These extensions did not alter the date set for the hearing on the Motion to

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Stay, and no previous extensions with respect to the hearing date have been requested.
STIPULATION AND REQUEST TO CONTINUE HEARING ON DEFENDANT’S MOTION TO STAY AND
CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER
Case No.: 5:14-cv-03286-BLF

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Ronald Schiller, lead counsel for Ironshore, is currently involved in a separate matter

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pending in the United States District Court for the Northern District of California. Trial in that

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matter was originally scheduled for November but was recently moved to January 6, 2015. Because

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the trial is likely to last two weeks, it conflicts with the January 8, 2015 Hearing and Case

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Management Conference.
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Having now identified the good cause for the stipulated request, particularly the

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conflict of lead counsel for Plaintiff, the parties respectfully request that the Court consider and

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accept this stipulation to reschedule the Hearing for Defendant’s Motion to Stay and the Case

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Management Conference until April 9, 2015, and that the deadlines associated with the initial case

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management conference be adjusted accordingly.

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Dated: December 17, 2014

HANGLEY ARONCHICK SEGAL PUDLIN &
SCHILLER

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By: /s/Ronald P. Schiller
Ronald P. Schiller
Sharon F. McKee
Bonnie M. Hoffman
Attorneys for Plaintiff
IRONSHORE SPECIALTY INSURANCE
COMPANY

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MORRIS POLICH & PURDY LLP
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Douglas K. Wood
Robin L. Singer
Attorneys for Plaintiff
IRONSHORE SPECIALTY INSURANCE
COMPANY

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Dated: December 17, 2014

ARNOLD & PORTER LLP

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By: /s/Lawrence A. Cox
Lawrence A. Cox
Sharon D. Mayo
Attorneys for Defendant
23ANDME, INC.

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ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATE

HON. BETH LABSON FREEMAN

STIPULATION AND REQUEST TO CONTINUE HEARING ON DEFENDANT’S MOTION TO STAY AND
CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER
Case No.: 5:14-cv-03286-BLF