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ATS, Products, Inc. v. FM Global

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


March 25, 2010

ATS, PRODUCTS, INC., DBA ATS, INC. AND SHEA TECHNOLOGY, LLC, PLAINTIFFS,
v.
FM GLOBAL, INC., MARSH & MCLENNAN COMPANIES, INC.; MARSH MCLENNAN CO.; MARSH & MCLENNAN AGENCY, LLC; MARSH, INC., DBA MARSH & MCLENNAN; AND GLOBAL MARSH, DEFENDANTS.

The opinion of the court was delivered by: James Ware United States District Judge

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE ON MOTIONS TO DISMISS

Counsel for all parties report that they are in discussions regarding resolution of the above- captioned matter and hereby ask that the Court continue the hearing date for the Motions to Dismiss Plaintiffs' Second Amended Complaint filed by defendants Factory Mutual Insurance Company (erroneously sued as "FM Global, Inc.") (docket no. 50) and Marsh & McLennan Companies, Inc.; Marsh & McLennan Agency, LLC; and Marsh, Inc., (docket no. 51), from the currently scheduled March 29, 2010 to and until April 26, 2010, or to the next available hearing date thereafter that is convenient to the Court, in order to allow the parties to reach agreement and prepare and file a proposed stipulation and dismissal with this Court.

DATED: March 25, 2010

CARLSON, CALLADINE & PETERSON LLP JOYCE C. WANG Attorneys for Defendant FACTORY MUTUAL INSURANCE COMPANY (erroneously sued as "FM GLOBAL, INC.")

BINGHAM MCCUTCHEN LLP ROBERT A. LEWIS Attorneys for Defendants MARSH & MCLENNAN COMPANIES, INC., MARSH INC., and MARSH & MCLENNAN AGENCY, LLC only.

LAW OFFICES OF MICHAEL G. ACKERMAN MICHAEL G. ACKERMAN Attorneys for Plaintiffs ATS, PRODUCTS, INC., dba ATS, INC. and SHEA TECHNOLOGY, LLC

ORDER

In light

IT IS SO ORDERED: of the parties' representation, the Court finds good cause to VACATE the March 29, 2010 hearing on the Motions to Dismiss and all pretrial and trial deadlines. The Court deems the Motions as withdrawn. The Court sets a Status Conference re: Settlement for April 26, 2010 at 10 24 a.m. On or before April 16, 2010, the parties shall file either a Stipulated Dismissal or a Joint Statement DATED: March ___, 2010 updating the Court on the status of the parties' settlement efforts. A Stipulated Dismissal will vacate the Conference. In the event that JAMES the parties WARE require additional time to reduce their settlement to a writing, the parties shall United clearly specify States how District much additional Judge time they require to do so.

The Clerk shall terminate the pending Motions as withdrawn. (Docket Item Nos. 50, 51.)

20100325

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