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

Filing 263

ORDER re (262 in 3:11-cv-03638-CRB) Status Report filed by Centex Homes, (101 in 3:13-cv-00088-CRB) Status Report filed by Centex Homes, Newmeyer & Dillion, LLP, (188 in 3:12-cv-00371-CRB) Status Report filed by Centex Homes, Newmeyer & Dillion, LLP. Cases remain stayed for all purposes. Status Report due by 9/1/2016. Signed by Judge Charles R. Breyer on 6/17/2016. (beS, COURT STAFF) (Filed on 6/20/2016)

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]
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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
JOINT STATUS UPDATE AND ORDER

Defendants.

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AND RELATED COUNTERCLAIM
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3:11-cv-03638-CRB
JOINT STATUS UPDATE

1

On April 22, 2016, Travelers Property Casualty Company of America, Fidelity & Guaranty

2 Insurance Company, The Travelers Indemnity Company of Connecticut and St. Paul Mercury
3 Insurance Company (collectively “Travelers”) and Centex Homes (“Centex”) stipulated to stay
4 this case. (Docket No. 258.) Centex and Travelers (the “Parties”) entered the stipulation to stay in
5 order to facilitate settlement negotiations for the dozens of cases pending between them in
6 California state and federal courts.
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The Court signed the stipulation, and entered the stay, on April 28, 2016. (Docket No.

9 259.) The Court’s order requested that the Parties submit a joint status update no later than May

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

PAYNE & FEARS LLP

10 24, 2016, following the conclusion of an MSC that was to be held before the Honorable John A.
11 Kronstadt of the Central District of California to discuss a global resolution of the cases pending
12 between the parties.
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During the course of the May 10, 2016, MSC the Parties reached a tentative settlement as

15 to most of the cases pending between them; however the Parties did not discuss this particular
16 case. Instead, the Parties agreed to hold a mediation on May 31, 2016, before a neutral in Nevada
17 in order to continue settlement discussions about the cases that remain pending between them.
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In a prior submission, the Parties requested the Court leave the stay in place until after the

20 May 31, 2016, mediation, and they further proposed that the Court enter an order requiring the
21 Parties to submit another joint status report no later than June 15, 2016, indicating whether a
22 continued stay is warranted or whether the stay should be lifted. In response, the Court entered an
23 order on May 24, 2016, requesting the parties submit a joint status update no later than June 16,
24 2016. (Docket No. 261.)
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During the course of the May 31, 2016, mediation the Parties continued to discuss the

27 many lawsuits pending between them, and the Parties reached settlements in principle about some
28 additional lawsuits, but the Parties have not yet reached a settlement of this lawsuit. The Parties
-1JOINT STATUS UPDATE

3:11-cv-03638-CRB

1 are currently continuing the settlement dialogue directly. The Parties request that the Court leave
2 the stay in place for an additional 60 days while the Parties continue settlement discussions. The
3 parties further propose that the Court enter an order requiring the Parties to submit another joint
4 status report no later than September 1, 2016, indicating whether a continued stay is warranted or
5 whether the stay should be lifted.
6
7 DATED: June 15, 2016

PAYNE & FEARS

LLP

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By:

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

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

PAYNE & FEARS LLP

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Attorneys for Defendant

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13 DATED: June 15, 2016

THE AGUILERA LAW GROUP, APLC

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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

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-2JOINT STATUS UPDATE

3:11-cv-03638-CRB

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ORDER

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PURSUANT TO STIPULATION, IT IS ORDERED that this case will remain stayed

4 for all purposes.
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IT IS FURTHER ORDERED that the parties submit a joint status update no later than

7 September 1, 2016, that will address the status of their settlement efforts.
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9
Dated:

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

PAYNE & FEARS LLP

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June 16, 2016
Hon. Charles R. Breyer
Judge, United States District Court

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3:11-cv-03638-CRB
JOINT STATUS UPDATE