Liberty Mutual Insurance Company v. Hoge et al

Filing 522

ORDER RESOLVING REMANDED ISSUE, re 518 Response filed by Liberty Mutual Insurance Company, 519 Response ( Non Motion ), Response ( Non Motion ) filed by Henry D. Hoge, Dona P. Hoge, Henry D. Hoge and Dona P. Hoge Family Trust. Signed by Judge Alsup on 9/30/05. (whalc1, COURT STAFF) (Filed on 9/30/2005)

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Liberty Mutual Insurance Company v. Hoge et al Doc. 522 Case 3:02-cv-02171-WHA Document 522 Filed 09/30/2005 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts corporation, Plaintiff, v. HENRY D. HOGE, an individual; DONA P. HOGE, an individual; HAROLD K. SPENCE, an individual; JOHN H. MANSPERGER, an individual; CLARENCE S. WEBER, an individual; HILDA S. WEBER, an individual; HENRY D. HOGE and DONA P. HOGE FAMILY TRUST, a trust; HENRY D. HOGE, a trustee; DONA P. HOGE, a trustee; and DOES 150, Defendants and Counterclaimants. No. C 02-02171 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER RESOLVING REMANDED ISSUE / Upon remand from the Ninth Circuit, the Court previously ordered the parties to recalculate the aggregate amount of funds necessary to pay only pre-judgment (and not post-judgment) attorney's fees and litigation costs as necessaries for support under California Civil Procedure Code 487.020. In light of the global settlement agreement in the related litigation (Case No. 03-2502), resolving all outstanding issues, it is unnecessary for the parties to engage in any retrospective accounting of such funds. An aggregate amount based on the prior estimates of Special Master Thomas Klitgaard would be sufficient. The parties shall submit a proposed order by OCTOBER 5, 2005. Dockets.Justia.com Case 3:02-cv-02171-WHA Document 522 Filed 09/30/2005 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 In any event, the Court recognizes that the issue is likely moot because the Hoge defendants specifically released and waived all rights granted under the Order of Exemption as part of the global settlement agreement. IT IS SO ORDERED. Dated: September 30, 2005 WILLIAM ALSUP UNITED STATES DISTRICT JUDGE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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