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

Filing 119

ORDER RE: Summary Judgment Briefing. Signed by Judge Samuel Conti on 12/19/12. (sclc1, COURT STAFF) (Filed on 12/19/2012)

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IN THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA, et al.,

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Plaintiffs,
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v.
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CENTEX HOMES, a Nevada
partnership; and DOES 1 through
10 inclusive,

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CENTEX HOMES,

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Counterclaimant,
v.

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TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA, et al.,

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Counterdefendant.

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Case No. 11-3638-SC
BRIEFING ORDER RE: MOTIONS
FOR PARTIAL SUMMARY
JUDGMENT

The parties in the above-captioned matter recently filed seven

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motions for partial summary judgment, all set for hearing on

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January 11, 2013.

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briefed, these motions raise 38 separate, noticed issues and have

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the potential to generate 21 separate briefs, totaling 525 pages,

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much of which will likely be duplicative.

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resolution of this dispute, the Court ORDERS the parties to re-

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brief the issues raised in their motions for summary judgment in

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accordance with the following consolidated briefing schedule:
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United States District Court

For the Northern District of California

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ECF Nos. 85, 90, 95, 97, 99, 102, 107.

See id.

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To simplify the

On or before January 11, 2013, Plaintiffs shall file a single,
consolidated motion for summary judgment.1

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On or before January 25, 2013, Defendant shall file a single,

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consolidated cross-motion for summary judgment and opposition

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to Plaintiffs' motion for summary judgment.
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On or before February 8, 2013, Plaintiffs shall file a single,

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consolidated opposition to Defendant's cross-motion for

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summary judgment and reply in support of Plaintiffs' motion

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for summary judgment.
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On or before February 22, 2013, Defendant shall file a single,

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consolidated reply in support of Defendant's cross-motion for

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summary judgment.

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Plaintiffs and Defendant are each allotted a total of 135 pages for

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their briefing, to be distributed among their briefs as they see

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fit.

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filed after January 11, 2013 shall be strongly disfavored.

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motions for leave to file surreply briefs.

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Any motions or stipulations for additional pages of briefing
As will

The Court shall not

As all Plaintiffs are represented by the same counsel, they shall
collectively file a single motion, a single opposition brief, and a
single reply brief.

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consider any new arguments raised on reply.

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submit new evidence or declarations and may refer to the

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declarations and evidence submitted in support of their previously

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filed motions for partial summary judgment.

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submitted on the papers.

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The parties need not

This matter shall be

The trial currently set for February 11, 2013 and the hearing

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set for January 11, 2013 are hereby VACATED.

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The Court shall set a

new trial date in a separate Order.

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United States District Court

For the Northern District of California

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IT IS SO ORDERED

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Dated: December 19, 2012
UNITED STATES DISTRICT JUDGE

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