Opinion
Case No. CV 11-01892-EMC
01-11-2012
Bruce D. Celebrezze (SBN 102181) SEDGWICK LLP Attorneys for Plaintiff, National Union Fire Insurance Company of Pittsburgh, PA. Robert A. Sacks (SBN 150146) SULLIVAN & CROMWELL LLP Sverker K. Högberg (SBN 244640) SULLIVAN & CROMWELL LLP Attorneys for Defendants, Payless ShoeSource, Inc. and Collective Brands, Inc.
Robert A. Sacks (SBN 150146)
SULLIVAN & CROMWELL LLP
Sverker K. Högberg (SBN 244640)
SULLIVAN & CROMWELL LLP
Attorneys for Defendants
PAYLESS SHOESOURCE, INC, and
COLLECTIVE BRANDS, INC.
JOINT STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE MANAGEMENT CONFERENCE
Judge: Honorable Edward M. Chen
Joint Stipulation & [Proposed] Order Case No. CV 11-1892-EMC
Pursuant to Civil Local Rules 6-1(b), 6-2, and 7-12 for the Northern District of California, Defendants Payless ShoeSource, Inc. and Collective Brands, Inc. and Plaintiff National Union Fire Insurance Company of Pittsburgh, PA (collectively with the Defendants, the "Parties"), by and through their respective counsel, submit this Joint Stipulation and [Proposed] Order Continuing Case Management Conference (the "Stipulation").
WHEREAS, on July 28, 2011, the Court entered an order scheduling a Case Management Conference ("CMC") for October 7, 2011 and requiring the Parties to file a joint case management statement by September 30, 2011 (Dkt. No. 20);
WHEREAS, on September 22, 2011, the Court entered an order referring this matter to
private Alternative Dispute Resolution ("ADR") (Dkt. No. 24);
WHEREAS, on October 3, 2011, the Court entered the Parties' Joint Stipulation and [Proposed] Order Continuing Case Management Conference, which reset the CMC to February 2, 2011 to allow the Parties sufficient time to conduct private ADR (Dkt. No. 28);
WHEREAS, the Parties have agreed to a private mediator;
WHEREAS, given the mediator's calendar, and the desire of the Parties to coordinate the mediation jointly with parties to an action in another forum involving substantially the same issues, the Parties have scheduled a mediation to take place on March 6, 2012;
WHEREAS, in order to avoid incurring unnecessary costs and expending the Court's time unnecessarily, the Parties wish to continue the CMC and related deadline to file a joint case management statement until after the conclusion of the scheduled ADR, in the event it does not result in the resolution of this dispute;
NOW, THEREFORE, THE PARTIES JOINTLY STIPULATE TO, AND REQUEST THE COURT TO ORDER, THE FOLLOWING:
1. The CMC shall be continued until 30 days after conclusion of the March 6, 2012 private ADR to which the Court has referred this matter;
2. The currently-scheduled deadline to file a joint case management statement by February 3, 2012 shall be vacated and rescheduled;
3. By entering into this Stipulation, the Parties do not waive, and expressly preserve, any and all rights, claims and defenses, including all defenses relating to jurisdiction, venue and arbitrability.
Respectfully submitted,
____________
Bruce D. Celebrezze (SBN 102181)
SEDGWICK LLP
Attorneys for Plaintiff,
National Union Fire Insurance
Company of Pittsburgh, PA.
____________
Robert A. Sacks (SBN 150146)
SULLIVAN & CROMWELL LLP
Sverker K. Högberg (SBN 244640)
SULLIVAN & CROMWELL LLP
Attorneys for Defendants,
Payless ShoeSource, Inc. and
Collective Brands, Inc.
PURSUANT TO STIPULATION, IT IS SO ORDERED. The CMC is reset for 4/6/12 at 9:00 a.m. A joint CMC statement shall be filed by 3/30/12.
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THE HONORABLE EDWARD M. CHEN
UNITED STATES DISTRICT JUDGE
I, Robert A. Sacks, am the ECF User whose ID and password are being used to file this Joint Stipulation and [Proposed] Order Continuing Case Management Conference. In compliance with General Order 45, X.B., I hereby attest that Bruce D. Celebrezze has concurred in this filing.
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Robert A. Sacks