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
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ORDER RESOLVING REMANDED ISSUE
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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
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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
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