Travelers Property Casualty Company of America et al v. Centex Homes

Filing 332

ORDER DIRECTING ARGUMENT AND VACATING HEARING ON MOTION FOR PARTIAL SUMMARY JUDGMENT. Signed by Judge Charles R. Breyer on 6/1/2011. (crblc1, COURT STAFF) (Filed on 6/1/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 10-02757 CRB

TRAVELERS PROPERTY,

ORDER DIRECTING ARGUMENT
AND VACATING HEARING ON
MOTION FOR PARTIAL SUMMARY
JUDGMENT

Plaintiff,
v.
CENTEX HOMES,
Defendant.

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Defendant Centex Homes asks the Court to reconsider its Order denying in part and

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granting in part Plaintiff Travelers’s Motion for Summary Judgment. See dkt. 214. Centex

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argues that (1) new evidence demonstrates that the counsel Travelers sought to assign to

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Centex has a conflict of interest, thus excusing Centex of its breach of the duty to cooperate,

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and (2) the Court was wrong to conclude that Travelers was prejudiced by Centex’s breach.

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Id. The Court does not wish to hear argument on the issue of conflict of interest. However,

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the Court does wish to hear argument on the issue of prejudice. Specifically, Centex should

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be prepared to tell the Court whether it would permit Travelers to assume its defense in the

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underlying actions from this point forward, provided the counsel appointed by Travelers was

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free of conflicts.

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Additionally, the hearing on Travelers’s Motion for Partial Summary Judgment as to
the Kent, Ackerman, and Carter actions, dkt. 223, currently calendared for June 3, 2011, is

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hereby VACATED. Only the Motion for Reconsideration will be heard on June 3, 2011.
IT IS SO ORDERED.

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Dated: June 1, 2011

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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G:\CRBALL\2010\2757\argument order 2.wpd

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