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The Phoenix Insurance Company v. Infinity Contact, Inc., 5:13-cv-05905-BLF. (2014)

Court: District Court, N.D. California Number: infdco20140723a13 Visitors: 12
Filed: Jul. 22, 2014
Latest Update: Jul. 22, 2014
Summary: JOINT STIPULATION AND [PROPOSED] ORDER TO REVISE BRIEFING SCHEDULE FOR OPPOSITION AND REPLY TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT BETH LABSON FREEMAN, District Judge. Pursuant to Federal Rule of Civil Procedure 6(b) and Local Rules 6-1(b) and 6-2, Defendant NUANCE COMMUNICATIONS, INC. ("Nuance") and Plaintiffs THE PHOENIX INSURANCE COMPANY, THE TRAVELERS INDEMNITY COMPANY, THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT, and TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA (collectivel
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JOINT STIPULATION AND [PROPOSED] ORDER TO REVISE BRIEFING SCHEDULE FOR OPPOSITION AND REPLY TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

BETH LABSON FREEMAN, District Judge.

Pursuant to Federal Rule of Civil Procedure 6(b) and Local Rules 6-1(b) and 6-2, Defendant NUANCE COMMUNICATIONS, INC. ("Nuance") and Plaintiffs THE PHOENIX INSURANCE COMPANY, THE TRAVELERS INDEMNITY COMPANY, THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT, and TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA (collectively, "Plaintiffs") (together, with Defendant, the "Parties"), through their undersigned counsel, hereby file the following stipulated request to extend the briefing schedules with respect to Plaintiffs' Motion for Summary Judgment Against Defendant Nuance Communications, Inc., Docket Entry No. 52 ("Motion"), so that Defendant's opposition to the Motion will be filed on or before August 15, 2014, and Plaintiffs' reply brief in support of the Motion will be filed on or before September 5, 2014. In support of this request, the Parties stipulate as follows:

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 June 30, 2014 Judgment Response to Motion for Summary July 30, 2014 Judgment Reply to Motion for Summary Judgment August 20, 2014 Motion for Summary Judgment Hearing November 6, 2014 at 9:00 a.m.

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

WHEREAS, on July 15, 2014, the Parties initiated discussions relating to potential settlement of this action;

WHEREAS, in order to further explore potential settlement of this action, the Parties have agreed to extend Defendant's deadline to file its opposition to the Motion until Friday, August 15, 2014;

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

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

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

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

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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