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

Filing 110

ORDER REFERRING CASE TO JUDGE SAMUEL CONTI TO CONSIDER WHETHER CASES ARE RELATED, STAYING PROCEEDINGS AND VACATING HEARINGS. Signed by Judge Jon S. Tigar on March 27, 2013. (wsn, COURT STAFF) (Filed on 3/27/2013)

Download PDF
United States District Court Northern District of California 1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 Case No. 3:12-cv-00371-JST 8 TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICAL, et al., 9 Plaintiff, 10 ORDER REFERRING CASE TO JUDGE SAMUEL CONTI TO CONSIDER WHETHER CASES ARE RELATED, STAYING PROCEEDINGS AND VACATING HEARINGS v. 11 12 CENTEX HOMES, et al., Defendant. 13 14 15 Case No. 3:13-cv-00088-JST TRAVELERS INDEMNITY COMPANY OF CONNECTICUT, et al., 16 17 Plaintiff, v. 18 CENTEX HOMES, et al., 19 Defendant. 20 21 22 Parties in these actions have been involved in four cases in this district: Case Nos. 10-cv02757-CRB (dismissed 12/27/12), 11-cv-03638-SC, 12-cv-00371-JST, and 13-cv-00088-JST. 23 In August 2012, Plaintiffs moved to relate the first three of these cases. Case No. 10-cv- 24 02757, Dkt. Nos. 395-97; see also id., Dkt. Nos. 399-400 & 402-03 (parties’ arguments in favor 25 and in opposition to relation). Judge Breyer found that the later-filed cases were not related to 1 26 27 28 United States District Court Northern District of California the case before him, 10-cv-02757. Id., Dkt. No. 406. Pursuant to Civil Local Rule 3-12(f)(2), 1 the case should then have been referred to Judge Conti within 14 days so that he could determine 2 whether case 12-cv-00371 was related to case 11-cv-03638, but no referral occurred. 3 Subsequently, this Court found that cases 12-cv-00371 and 13-cv-00088 were related to each 4 other. Case No. 12-cv-00371, Dkt. No. 99. 5 Pursuant to Civil Local Rule 3-12(c), this Court hereby REFERS Cases 12-cv-00371 and 6 13-cv-00088 to Judge Conti so that he may determine whether they are related to Case 3:11-cv7 03638. 8 The Court hereby STAYS proceedings in Cases 3:12-00371 and 3:13-00088 pending 9 Judge Conti’s decision. All hearing dates in those cases, including those set for April 4, 2013, 10 are hereby VACATED. The movants shall re-notice those hearings if Judge Conti determines 11 that the cases are not related. 12 IT IS SO ORDERED. 13 Dated: March 27, 2013 14 15 16 ______________________________________ JON S. TIGAR United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?