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

Filing 345

ORDER by Judge Charles R. Breyer denying 214 Motion for Reconsideration. (crblc1, COURT STAFF) (Filed on 6/6/2011)

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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 DENYING MOTION FOR
RECONSIDERATION

Plaintiff,
v.
CENTEX HOMES,
Defendant.

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Defendant Centex Homes moved the Court to reconsider its April 1, 2011 Order

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denying in part and granting in part Plaintiff Travelers’s Motion for Summary Judgment.

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See dkt. 214. Centex argued that (1) new evidence revealed a conflict of interest and (2) the

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Court committed clear error in finding that Travelers was prejudiced. In advance of the

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hearing on Centex’s motion, the Court issued an Argument Order, asking Centex to be

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prepared to state whether it would permit Travelers to assume its defense in the underlying

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

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conflicts. See dkt. 332. At the motion hearing, Centex answered the Court’s question in the

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affirmative. And Travelers represented that it was prepared to provide such counsel.

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In light of this development, the Court finds the following. First, the motion for

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reconsideration is not ripe, and so it is DENIED, without prejudice. Second, the three

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pending motions for partial summary judgment, dkts. 223, 232 and 242, are all VACATED,

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as is the motion for consolidation of those motions, dkt. 300. Third, the parties are invited to

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submit briefing on whether this case should be stayed while the underlying actions are

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pending. The Court need not take any further action at this time.

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IT IS SO ORDERED.

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: June 6, 2011

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United States District Court
For the Northern District of California

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G:\CRBALL\2010\2757\order re reconsideration.wpd

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