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)

ATTORNEYS AT LAW
JAMBOREE CENTER, 4 PARK PLAZA, SUITE 1100
IRVINE, CALIFORNIA 92614
[phone]

PAYNE & FEARS LLP

1 Scott S. Thomas, Bar No. 106720
[e-mail]
2 J. Kelby Van Patten, Bar No. 167553
[e-mail]
3 Jeffrey M. Hayes, Bar No. 246511
[e-mail]
4 PAYNE & FEARS LLP
Attorneys at Law
5 Jamboree Center, 4 Park Plaza, Suite 1100
Irvine, California 92614
6 Telephone: [phone]
Facsimile: [phone]
7
NEWMEYER & DILLION LLP
8 Joseph A. Ferrentino, CBN 162855
[e-mail]
9 895 Dove Street, Fifth Floor
Newport Beach, CA 92660
10 [phone]; [phone] (fax)
11 Attorneys for Centex Homes, a Nevada partnership
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
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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,
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Plaintiffs,
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v.
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CENTEX HOMES, a Nevada partnership; and
23 DOES 1 through 10 inclusive,
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Case No. 3:11-cv-03638-CRB
Honorable Charles R. Breyer
STIPULATION TO STAY CASE AND
ORDER

Defendants.

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AND RELATED COUNTERCLAIM
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3:11-cv-03638-CRB
STIPULATION TO STAY CASE AND [PROPOSED] ORDER

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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.)
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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
[phone]

PAYNE & FEARS LLP

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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.
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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.
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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.
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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.)
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3 DATED: April 22, 2016

PAYNE & FEARS

LLP

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By:

/s/ Jeffrey M. Hayes
J. KELBY VAN PATTEN
JEFFREY M. HAYES

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Attorneys for Defendant CENTEX HOMES

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9 DATED: April 22, 2016

THE AGUILERA LAW GROUP, APLC

ATTORNEYS AT LAW
JAMBOREE CENTER, 4 PARK PLAZA, SUITE 1100
IRVINE, CALIFORNIA 92614
[phone]

PAYNE & FEARS LLP

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By:

/s/ Rebecca Hunter
A. ERIC AGUILERA, ESQ.
RAYMOND E. BROWN, ESQ.
REBECCA HUNTER, ESQ.

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Attorneys for Plaintiffs TRAVELERS
PROPERTY CASUALTY COMPANY OF
AMERICA, FIDELITY & GUARANTY
INSURANCE COMPANY, THE TRAVELERS
INDEMNITY COMPANY OF CONNECTICUT,
ST. PAUL MERCURY INSURANCE
COMPANY

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-2STIPULATION TO STAY CASE AND [PROPOSED] ORDER

3:11-cv-03638-CRB

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ORDER

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PURSUANT TO STIPULATION, IT IS ORDERED that this case is stayed for all

4 purposes and all pending deadlines are taken off calendar.
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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
[phone]

PAYNE & FEARS LLP

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April 28, 2016
Hon. Charles R. Breyer
Judge, United States District Court

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3:11-cv-03638-CRB
STIPULATION TO STAY CASE AND [PROPOSED] ORDER