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

Filing 179

STIPULATION AND ORDER to Strike Exhibit G to Plaintiffs' Motion to Find Centex in Civil Contempt for Failing to Comply with the Court's Order re: Motions to Seal from the Public Record and in its Place, to Deem Exhibit G to have been Filed Under Seal. Signed by Judge Samuel Conti on 05/14/2013. (tmi, COURT STAFF) (Filed on 5/15/2013)

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THE AGUILERA LAW GROUP, APLC
A. Eric Aguilera (SBN 192390)
Kari M. Myron (SBN 158592)
Thomas V. Perea (SBN 140223)
650 Town Center Drive, Suite 100
Costa Mesa, CA 92626
T: 714-384-6600 F: 714-384-6601
[e-mail]
kmyron@ aguileragroup.com
[e-mail]

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LETHER & ASSOCIATES, PLLC
Thomas Lether, Esq., Pro Hac Vice
3316 Fuhrman Ave E Ste 250
Seattle, WA 98102-3800
T: 206-467-5444 F: 206-467-5544
[e-mail]

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Attorneys for Plaintiffs/Counter-Defendants
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA, a Connecticut
corporation; FIDELITY & GUARANTY
INSURANCE COMPANY, an Iowa
corporation; THE TRAVELERS INDEMNITY
COMPANY OF CONNECTICUT, a
Connecticut corporation, ST. PAUL
MERCURY INSURANCE COMPANY, a
Minnesota corporation,

Case No. 3:11-CV-03638-SC
Hon. Samuel Conti
STIPULATION TO STRIKE EXHIBIT “G”
TO PLAINTIFFS’ MOTION TO FIND
CENTEX IN CIVIL CONTEMPT FOR
FAILING TO COMPLY WITH THE
COURT’S ORDER RE: MOTIONS TO
SEAL FROM THE PUBLIC RECORD AND
IN ITS PLACE, TO DEEM EXHIBIT “G”
TO HAVE BEEN FILED UNDER SEAL

Plaintiffs,
vs.
CENTEX HOMES, a Nevada partnership; and
DOES 1 through 10 inclusive,
Defendant.
AND RELATED CROSS-ACTION.

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Trial Date: Vacated
IT IS HEREBY STIPULATED BY AND BETWEEN Travelers Property Casualty
Company of America, Fidelity & Guaranty Insurance Company, The Travelers Indemnity Company
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Case No. 3:11-CV-03638-SC
STIPULATION TO STRIKE AND TO DEEM EXHIBIT “G” FILED UNDER SEAL

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of Connecticut, and St. Paul Mercury Insurance Company (collectively, “Travelers”) and Centex

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Homes (“Centex”) that:

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RECITALS
WHEREAS on April 26, 2013, Travelers filed Its Motion to Find Centex in Civil Contempt
[Dkts. 173].
WHEREAS Exhibit G to the Declaration of Thomas V. Perea consisted of electronic billing
records from the law firm of Newmeyer & Dillion that Centex produced in discovery [Dkt. 173-1];
WHEREAS these billing records were previously designated by Centex as confidential
pursuant to the Stipulated Protective Order [Dkt. 69];
WHEREAS the billing records were “publicly” filed by Travelers in conjunction with the
Motion to Find Centex in Civil Contempt;

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WHEREAS these billing records contain entries about ongoing litigation and Centex

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maintains its claims that these entries are protected by attorney-client privilege and the work-

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product doctrine;

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WHEREAS the parties met and conferred about Exhibit G after counsel for Centex notified
Travelers that Exhibit G should not have been filed in the public record;

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WHEREAS the Travelers acknowledges that it inadvertently “publicly” filed the billing

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statement, but Travelers believes the billing statements are necessary in order for the Court to be

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able to properly rule on Travelers’ motion,

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IT IS HEREBY STIPULATED by and between the parties, through their counsel, that

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1.

Exhibit G to Travelers’ motion is deemed stricken from the public record;

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2.

The Court will instruct the Clerk to remove Exhibit G from the public record; and

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3.

In its place, Exhibit G will be deemed to have been filed under seal with the Court

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pursuant to ¶ 12.3 of the Stipulated Protective Order.

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Case No. 3:11-CV-03638-SC
STIPULATION TO STRIKE AND TO DEEM EXHIBIT “G” FILED UNDER SEAL

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IT IS SO STIPULATED.
Dated: May 9, 2013

THE AGUILERA LAW GROUP, APLC

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By:

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Dated: May 15, 2013

/s/ Thomas V. Perea___________________________
A. Eric Aguilera
Kari M. Myron
Thomas V. Perea
Attorneys for plaintiffs and counter- defendants
Travelers Property Casualty Company of America,
Fidelity & Guaranty Insurance Company, The
Travelers Indemnity Company of Connecticut, and St.
Paul Mercury Insurance Company

PAYNE & FEARS, LLP

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By:

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/s/ Jeffrey M. Hayes___________________________
Scott S. Thomas
J. Kelby Van Patten
Jeffrey M. Hayes, Esq.
Attorneys for defendant and cross-complainant,
CENTEX HOMES

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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________________________________
Hon. Samuel Conti
Judge, United States District Court

UNIT
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05/14/2013
Dated: _______________________

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Case No. 3:11-CV-03638-SC
STIPULATION TO STRIKE AND TO DEEM EXHIBIT “G” FILED UNDER SEAL