Travelers Property Casualty Company of America et al v. Centex Homes
Filing
172
ORDER FOR SUPPLEMENTAL BRIEFING RE: CONSOLIDATION OR STAY OF RELATED CASES. Signed by Judge Samuel Conti on 4/25/2013. (sclc1, COURT STAFF) (Filed on 4/25/2013)
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IN THE UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA,
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Plaintiff,
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v.
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Northern District of California
United States District Court
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CENTEX HOMES, NEWMEYER &
DILLION, and DOES 1 through 10
inclusive,
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TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA,
Plaintiff,
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v.
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CENTEX HOMES, NEWMEYER &
DILLION, RGL INC., RGL
FORENSICS, and DOES 1 through 10
inclusive,
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TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA, FIDELITY &
GUARANTY INSURANCE COMPANY, THE
TRAVELERS INDEMNITY COMPANY OF
CONNECTICUT, and ST. PAUL MERCURY
INSURANCE COMPANY,
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Plaintiffs,
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v.
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CENTEX HOMES and DOES 1 through
10 inclusive,
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AND RELATED COUNTERCLAIMS
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Case Nos. 11-3638-SC, 1200371-SC, 13-00088-SC
ORDER FOR SUPPLEMENTAL
BRIEFING
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Case Numbers 12-00371-SC and 13-00088-SC were recently related
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to another case currently pending before the undersigned, Case
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Number 11-3638-SC.
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Rule 12 motions filed in Case Numbers 12-00371-SC and 13-00088-SC.
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Many of the briefs filed in connection with these motions were
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submitted before these three cases were related and assigned to the
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undersigned.
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claims or counterclaims should be dismissed or stricken because
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they are duplicative of claims or counterclaims filed in: (1) Case
Now pending before the Court are five separate
In these motions, the parties argue that various
United States District Court
For the Northern District of California
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Number 11-3638-SC, (2) another suit between Travelers and Centex
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currently pending before Judge Virginia A. Phillips in the United
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States District Court for the Central District of California, Case
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No. 12-00496, or (3) cross-complaints filed in various superior
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courts throughout California.
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these actions involve substantially similar claims or counterclaims
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and the same underlying construction defect actions.
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there is a high risk of inconsistent judgments.
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duplicative nature of these actions could result in a waste of
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judicial resources.
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As the parties point out, many of
Accordingly,
Further, the
One way to deal with these problems would be to consolidate
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all of the actions currently pending before this Court and stay
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that consolidated case, either in whole or in part, pending a
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decision on duplicative issues now before the California superior
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courts, which are in the best position to rule on the issues of
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California insurance law raised by these cases.
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also consider transferring to this Court Case Number 12-00496, the
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case currently pending before Judge Phillips in the Central
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District, for the purposes of consolidation.
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The parties may
The parties have
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represented that Case Number 12-00496 is on the verge of
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settlement.
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pending for almost four months and the parties have yet to
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consummate an agreement.
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2013 deadline for consummation of the settlement agreement, and
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there is no indication that there has been any movement on the
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issue in the last month.
United States District Court
For the Northern District of California
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Indeed, Judge Phillips set a March 20,
The Court hereby requests supplemental briefing on the issues
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But the stipulated settlement in that action has been
discussed above from Travelers and Centex.
Specifically, Travelers
and Centex shall:
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Provide the Court with a succinct summary of all litigation
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between Travelers and Centex currently pending in California
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state and federal courts.
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the identity of the court before which each action is
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pending, (2) the case number, (3) the underlying
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construction defect actions involved, (4) a description of
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the claims and counterclaims asserted by Travelers and
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Centex in each of the actions, and (5) an assessment of the
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procedural posture of each case (e.g., have the parties
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completed discovery, filed dispositive motions, etc.).
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This summary shall include: (1)
Advise the Court on their position on the consolidation of
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some or all of the federal litigation between Travelers and
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Centex, as well as whether any of the cases currently
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pending before the Court should be stayed in whole or in
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part.
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•
Advise the Court on how the relation of Case Numbers 11-
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3638-SC, 12-00371-SC, and 13-00088-SC affects their pending
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motions to dismiss and strike, if at all.
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The parties shall
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also advise the Court on how consolidation of these actions
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would affect their pending motions.
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Update the Court on the status of their settlement
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negotiations in Case Number 12-00496 and address whether
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they would be amenable to transferring that case to this
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Court for consolidation with the Case Numbers 11-3638-SC,
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12-00371-SC, and 13-00088-SC.
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•
Identify any prior orders issued by any court that addressed
the contention that any of the claims or counterclaims
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United States District Court
For the Northern District of California
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asserted in Case Numbers 11-3638-SC, 12-00371-SC, and 13-
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00088-SC are duplicative of claims asserted in any other
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action.
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for each reference.
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The parties shall provide docket and page numbers
Suggest trial dates and other relevant case management dates
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for each of the cases currently pending before the Court and
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address whether consolidation or a full or partial stay
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would result in an undue delay.
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The other parties to these actions, including Newmeyer & Dillion,
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RGL Inc., and RGL Forensics, are not required to submit
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supplemental briefing, but may do so if they wish.
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brief shall not exceed twenty (20) pages and shall be submitted
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within ten (10) days of the signature date of this Order.
Each party's
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IT IS SO ORDERED.
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Dated: April 25, 2013
UNITED STATES DISTRICT JUDGE
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