Nat'l Union Fire Ins. Co. of Pittsburgh v. Payless Shoesource, Inc.

Full title: NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Plaintiff, v…

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Date published: Oct 3, 2011

Case No. CV 11-01892-EMC (N.D. Cal. Oct. 3, 2011)

Opinion

Case No. CV 11-01892-EMC

10-03-2011

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Plaintiff, v. PAYLESS SHOESOURCE, INC. and COLLECTIVE BRANDS, INC., Defendants.

Robert A. Sacks (SBN 150146) SULLIVAN & CROMWELL LLP Sverker K. Hogberg (SBN 244640) SULLIVAN & CROMWELL LLP Attorneys for Defendants PAYLESS SHOESOURCE, INC, and COLLECTIVE BRANDS, INC. Bruce D. Celebrezze (SBN 102181) SEDGWICK LLP Attorneys for Plaintiff, National Union Fire Insurance Company of Pittsburgh, PA.

Edward M. Chen

Robert A. Sacks (SBN 150146)

SULLIVAN & CROMWELL LLP

Sverker K. Hogberg (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

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 and Related Deadlines.

WHEREAS, on July 28, 2011, the Court entered an order scheduling a Case Management Conference for October 7, 2011 and requiring the Parties to file a joint case management statement by September 30, 2011 (D.E. 20);

WHEREAS, on September 22, 2011 the Court entered an order referring this matter to private ADR to take place within 120 days (D.E. 24);

WHEREAS, the Parties have discharged their obligation to meet and confer;

WHEREAS, the Parties desire to resolve their dispute in the private ADR that has been ordered by the Court;

WHEREAS, in order to avoid incurring unnecessary costs and expending the Court's time unnecessarily, the Parties wish to continue the Case Management Conference and related deadline to file a joint case management statement until after the conclusion of private 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 Case Management Conference shall be continued until 30 days after conclusion of the private ADR to which the Court has referred this matter;
2. The currently-scheduled deadline to file a joint case management statement by September 30, 2011 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. Hogberg (SBN 244640)

SULLIVAN & CROMWELL LLP

Attorneys for Defendants, Payless Shoe Source, Inc. and Collective Brands, Inc.

* * *

PURSUANT TO STIPULATION, IT IS SO ORDERED. The CMC is reset from 10/7/11 to 2/10/12 at 9:00 a.m. A joint CMC Statement shall be filed by 2/3/12.

I, Robert A. Sacks, am the ECF User whose ID and password are being used to file this Stipulation To Extend Time To Respond To The Complaint. In compliance with General Order 45, X.B., I hereby attest that Bruce D. Celebrezze has concurred in this filing.

Robert A. Sacks