Genesis Insurance Company v. Magma Design Automation, Inc., No. 5:2006cv05526 - Document 115 (N.D. Cal. 2008)

Court Description: ORDER Vacating Case Management Conference; Finding as Moot re 114 MOTION to Appear by Telephone filed by Executive Risk Indemnity, Inc., 113 Case Management Statement. The Case Management Conference set for 9/22/2008 is VACATED. The Court to issue final judgment in due course. Motions terminated: 114 MOTION to Appear by Telephone filed by Executive Risk Indemnity, Inc. Signed by Judge James Ware on 9/17/2008. (ecg, COURT STAFF) (Filed on 9/17/2008)
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9 10 11 ER H 8 RT 7 R NIA re mes Wa Judge Ja NO 6 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporations ROBERT J. STUMPF, JR., Cal. Bar No. 72851 Four Embarcadero Center, 17th Floor San Francisco, CA 94111 Telephone: (415) 434-9100 Facsimile: (415) 434-3947 E-mail: rstumpf@sheppardmullin.com FO 5 D RDERE OO IT IS S LI 4 RT U O 3 S DISTRICT TE C TA A 2 THOMPSON, LOSS & JUDGE, LLP LEWIS K. LOSS (admitted pro hac vice) JEREMY S. SIMON (admitted pro hac vice) Two Lafayette Centre 1133 21st Street, N.W., Suite 450 Washington, D.C. 20036 Telephone: (202) 778-4060 Facsimile: (202) 778-4099 E-mail: lloss@tljlaw.com and jsimon@tljlaw.com UNIT ED 1 Doc. 115 S Genesis Insurance Company v. Magma Design Automation, Inc. N F D IS T IC T O R C Attorneys for Plaintiff and Counterclaim Defendant Genesis Insurance Company 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 SAN JOSE DIVISION 15 Genesis Insurance Company, 16 Plaintiff and Counterclaim Defendant, 17 18 19 Magma Design Automation, Inc., Defendant and Counterclaimant, Magma Design Automation, Inc. 22 Counterclaimant and ThirdParty Plaintiff, 23 24 25 26 27 ORDER VACATING CASE JOINT CASE MANAGEMENT MANAGEMENT CONFERENCE STATEMENT v. 20 21 Case No. 06-5526 JW v. National Union Fire Insurance Company of Pittsburgh, PA and Executive Risk Indemnity Inc., Third-Party Defendants, 28 1 CASE NO. 06-5526: JOINT CASE MANAGEMENT STATEMENT Dockets.Justia.com 1 Executive Risk Indemnity Inc. 2 3 4 Third-Party Counterclaimant, v. Magma Design Automation, Inc. 5 Third-Party Counter-Defendant. 6 7 8 9 Pursuantof the representationsof Julyby the parties in their Joint Case Management In light to the Court’s order made 24, 2008, the parties, by and through their respective counsel submit the following Case Management Conference presently scheduled for September Statement, confernece, Court vacates thejoint case management statement. 10 1. Genesis Insurance Company (“Genesis”) filed this coverage action seeking a 22, 2008. The Court will review the competing judgments proposed by the parties and will issue a 11 present declaration course. final judgment in duethat three underlying lawsuits (a shareholder class action, a shareholder 12 derivative action, and an unfair practices action) do not constitute claims made during the policy Dated: September 17, 2008 ___________________________ JAMES WARE period in which Genesis provided first layer excess coverage to Magma Design Automation, Inc. United States District Judge 13 14 15 16 17 (“Magma”) (referred to in the pleadings as the “03/04 policy period”). Executive Risk Indemnity Third-Party Defendant insurance coverage to Magma during the 03/04 policy period, as Inc.. Inc. (“ERII”) provided primaryExecutive Risk Indemnity,'s Motion to Appear by Telephone is DENIED as moot. well as (Docket Item No.policy period in which National Union Fire Insurance Company of the subsequent 114.) 18 Pittsburg, Pa. (“National Union”) provided first layer excess coverage to Magma (referred to in 19 the pleadings as the “04/06 policy period”). Genesis also sought a declaration that coverage was 20 not afforded under its policy for the unfair practices action on the alternative basis that the unfair 21 practices action did not constitute a covered “Securities Claim” under the Policy. 22 23 24 25 2. Magma filed a counterclaim against Genesis, and a Third Party Complaint against ERII and National Union, seeking a declaration that either the Genesis Policy or the National Union Policy requires Genesis or National Union to pay Magma’s defense costs and to indemnify 26 Magma for amounts incurred in excess of the applicable ERII policy with respect to the 27 underlying lawsuits. ERII filed a counterclaim against Magma in response to the Third Party 28 Complaint seeking a declaration of no coverage with respect to the unfair practices action (on the 2 CASE NO. 06-5526: JOINT CASE MANAGEMENT STATEMENT