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

Filing 259

ORDER granted 258 STIPULATION WITH PROPOSED ORDER to Stay Case filed by Centex Homes. Status Report due by 5/24/2016. Signed by Judge Charles R. Breyer on 4/28/2016. (beS, COURT STAFF) (Filed on 4/28/2016)

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ATTORNEYS AT LAW JAMBOREE CENTER, 4 PARK PLAZA, SUITE 1100 IRVINE, CALIFORNIA 92614 (949) 851-1100 PAYNE & FEARS LLP 1 Scott S. Thomas, Bar No. 106720 sst@paynefears.com 2 J. Kelby Van Patten, Bar No. 167553 kvp@paynefears.com 3 Jeffrey M. Hayes, Bar No. 246511 jmh@paynefears.com 4 PAYNE & FEARS LLP Attorneys at Law 5 Jamboree Center, 4 Park Plaza, Suite 1100 Irvine, California 92614 6 Telephone: (949) 851-1100 Facsimile: (949) 851-1212 7 NEWMEYER & DILLION LLP 8 Joseph A. Ferrentino, CBN 162855 Joe.Ferrentino@ndlf.com 9 895 Dove Street, Fifth Floor Newport Beach, CA 92660 10 (949) 854-7000; (949) 854-7099 (fax) 11 Attorneys for Centex Homes, a Nevada partnership 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 14 15 TRAVELERS PROPERTY CASUALTY 16 COMPANY OF AMERICA, a Connecticut corporation; FIDELITY & GUARANTY 17 INSURANCE COMPANY, an Iowa corporation; THE TRAVELERS 18 INDEMNITY COMPANY OF CONNECTICUT, a Connecticut corporation; 19 ST. PAUL MERCURY INSURANCE COMPANY, a Minnesota corporation, 20 Plaintiffs, 21 v. 22 CENTEX HOMES, a Nevada partnership; and 23 DOES 1 through 10 inclusive, 24 Case No. 3:11-cv-03638-CRB Honorable Charles R. Breyer STIPULATION TO STAY CASE AND ORDER Defendants. 25 AND RELATED COUNTERCLAIM 26 27 28 3:11-cv-03638-CRB STIPULATION TO STAY CASE AND [PROPOSED] ORDER 1 Travelers Property Casualty Company of America, Fidelity & Guaranty Insurance 2 Company, The Travelers Indemnity Company of Connecticut and St. Paul Mercury Insurance 3 Company (collectively “Travelers”), on the one hand and Centex Homes (“Centex”), on the other 4 hand, through their designated counsel, respectfully request that this Court stay this matter for all 5 purposes, including the recent briefing the Court ordered following the status conference held on 6 March 18, 2016. (Docket No. 257.) 7 The parties have been involved in substantial global settlement negotiations for the dozens 8 of cases between them in California courts. This includes state and federal cases throughout 9 California, including this one. ATTORNEYS AT LAW JAMBOREE CENTER, 4 PARK PLAZA, SUITE 1100 IRVINE, CALIFORNIA 92614 (949) 851-1100 PAYNE & FEARS LLP 10 On January 19, 2016, the parties attended a mandatory settlement conference before the 11 Honorable John A. Kronstadt of the Central District of California. The parties adjourned the 12 conference to exchange certain information to assist in further settlement discussions. As part of 13 the ongoing settlement discussions, the parties entered into an informal standstill of most of the 14 outstanding cases to conserve resources and promote judicial economy. Although this case was 15 not initially part of the standstill, the parties wish to extend the standstill to include this case as 16 well. 17 Initially the standstill was for 30 days to facilitate a February 23, 2016 settlement 18 conference. However, the parties continued the MSC to April 1, 2016, to permit for additional 19 information gathering. Recently, however, the Court continued the MSC to May 10, 2016. If 20 discussions are promising, the parties may wish to hold additional days of settlement discussion if 21 all issues are not resolved on May 10, 2016. 22 In light of the May 10, 2016, continued MSC, the parties now wish to stay this matter for 23 all purposes and to take the May 20, 2016, status conference off calendar. The parties believe a 24 stay will focus the parties’ settlement efforts and preserve judicial economy. 25 If the Court agrees to the stay, the parties propose that they submit a brief joint status 26 report no later than May 24, 2016 indicating whether the settlement discussions remain ongoing, 27 such that a continued stay is warranted, or whether the discussions have reached an impasse and, 28 in that case, propose a briefing schedule on the briefs the Court ordered during the March 18, -1STIPULATION TO STAY CASE AND [PROPOSED] ORDER 3:11-cv-03638-CRB 1 2016, status conference. (Docket No. 257.) 2 3 DATED: April 22, 2016 PAYNE & FEARS LLP 4 5 By: /s/ Jeffrey M. Hayes J. KELBY VAN PATTEN JEFFREY M. HAYES 6 7 Attorneys for Defendant CENTEX HOMES 8 9 DATED: April 22, 2016 THE AGUILERA LAW GROUP, APLC ATTORNEYS AT LAW JAMBOREE CENTER, 4 PARK PLAZA, SUITE 1100 IRVINE, CALIFORNIA 92614 (949) 851-1100 PAYNE & FEARS LLP 10 11 By: /s/ Rebecca Hunter A. ERIC AGUILERA, ESQ. RAYMOND E. BROWN, ESQ. REBECCA HUNTER, ESQ. 12 13 14 15 16 17 18 Attorneys for Plaintiffs TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, FIDELITY & GUARANTY INSURANCE COMPANY, THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT, ST. PAUL MERCURY INSURANCE COMPANY 19 20 21 22 23 24 25 26 27 28 -2STIPULATION TO STAY CASE AND [PROPOSED] ORDER 3:11-cv-03638-CRB 1 ORDER 2 3 PURSUANT TO STIPULATION, IT IS ORDERED that this case is stayed for all 4 purposes and all pending deadlines are taken off calendar. 5 IT IS FURTHER ORDERED that the parties submit a joint status update no later than 6 May 24, 2016, following the conclusion of the MSC that is being held before Honorable John A. 7 Kronstadt of the Central District of California. 8 9 Dated: ATTORNEYS AT LAW JAMBOREE CENTER, 4 PARK PLAZA, SUITE 1100 IRVINE, CALIFORNIA 92614 (949) 851-1100 PAYNE & FEARS LLP 10 April 28, 2016 Hon. Charles R. Breyer Judge, United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3:11-cv-03638-CRB STIPULATION TO STAY CASE AND [PROPOSED] ORDER

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