Hays et al v. Commonwealth Land Title Insurance Company et al

Filing 27

STIPULATION AND ORDER CANCELING CASE MANAGEMENT CONFERENCE. Signed by Judge Jeffrey S. White on 3/8/11. (sis, COURT STAFF) (Filed on 3/8/2011)

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MARGARET A. KEANE (SBN 255378) [e-mail] SEBASTIAN L. MILLER (SBN 265793) [e-mail] DEWEY & LEBOEUF LLP 1950 University Avenue, Suite 500 East Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Commonwealth Land Title Insurance Corporation and Lawyers Title Insurance Company IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION VIVIAN R. HAYS, an individual; KENNETH WOOD, an individual; ANGELA M. ARTHUR, as Trustee of the Arthur Declaration of Trust, dated December 29, 1988; LEAPIN EAGLE, LLC, a New York limited liability company; and all others similarly situated, Plaintiffs, vs. COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Nebraska corporation; LAWYERS TITLE INSURANCE CORPORATION, a Nebraska corporation; and DOES 1 through 20, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 3:10-cv-05336-JSW Hon. Jeffrey S. White STIPULATION AND [PROPOSED] ORDER CANCELLING CASE MANAGEMENT CONFERENCE SCHEDULED FOR MARCH 18, 2011 Crtrm: 11, 19th Floor

WHEREAS, this action ("Complaint") was filed on November 24, 2010; WHEREAS, the Complaint was served on CT Corporation as statutory agent for Defendants Commonwealth Land Title Insurance Company and Lawyers Title Insurance Corporation ("Defendants") on December 9, 2010; WHEREAS, on February 2, 2011, the United States Judicial Panel on Multidistrict Litigation ("MDL Panel") filed a Conditional Transfer Order ("CTO") and Plaintiffs have stipulated to transfer

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Stipulation and [Proposed] Order Cancelling March 18, 2011 CMC Case No. 3:10-cv-05336 (JSW)

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and consolidation to the United States District Court for the District of South Carolina ("Consolidated Court"), as set forth in the CTO; WHEREAS, on February 8, 2011, this action was transferred from the Honorable Laurel Beeler to the Honorable Jeffrey S. White; WHEREAS, on February 8, 2011, the Honorable Judge White issued an Order setting the Case Management Conference in this action for March 18, 2011, at 1:30 p.m. ("Scheduled CMC"); WHEREAS, on February 16, 2011, the Honorable Judge White granted the parties' Proposed Order Extending Defendants' Time to File a Pleading Responsive to Plaintiffs' Complaint; WHEREAS, the parties understand that this action will likely be transferred to the Consolidated Court prior to Defendants' deadline to file a responsive pleading to the Complaint; WHEREAS, consistent with the goals of efficiency, coordination, and judicial economy that underlie transfer orders by the MDL Panel, the parties also understand that once this action is transferred to the Consolidated Court, the Consolidated Court may wish to hold a Case Management Conference and establish a discovery schedule that coordinates this action with other related matters that have also been transferred to the Consolidated Court; and NOW THEREFORE, the undersigned parties through their respective counsel stipulate to cancel the Scheduled CMC in order to permit the Consolidated Court to schedule a Case Management Conference once this action is transferred to the United States District Court for the District of South Carolina. This stipulation may be executed in counterparts, including by signature transmitted by facsimile.

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Stipulation and [Proposed] Order Cancelling March 18, 2011 CMC Case No. 3:10-cv-05336 (JSW)

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Stipulation and [Proposed] Order Cancelling March 18, 2011 CMC Case No. 3:10-cv-05336 (JSW)

Dated: March 8, 2011

Respectfully Submitted, DEWEY & LEBOEUF LLP By: /s/ Margaret A. Keane Margaret A. Keane (SBN 255378) Sebastian L. Miller (SBN 265793)

Attorneys for Defendants Commonwealth Land Title Insurance Company and Lawyers Title Insurance Corporation Dated: March 8, 2011 HOLLISTER & BRACE, APC By: /s/ Robert L. Brace Robert L. Brace Michael P. Denver

FOLEY BEZEK BEHLE & CURTIS, LLP By: /s/ Thomas G. Foley, Jr. Thomas G. Foley, Jr. Justin P. Karczag

Attorneys for Plaintiffs

DATE: March 8, 2011 HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT COURT JUDGE

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I, Margaret A. Keane, am the ECF User whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER CANCELLING CASE MANAGEMENT CONFERENCE SCHEDULED FOR MARCH 18, 2011. In compliance with General Order 45, X.B., I hereby attest that counsel whose e-signatures appear on the foregoing signature pages have concurred with this filing.

/s/ Margaret A. Keane

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PA155139.1

Stipulation and [Proposed] Order Cancelling March 18, 2011 CMC Case No. 3:10-cv-05336 (JSW)