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

Filing 146

STIPULATION AND ORDER To Strike Allegations Relating To The Underlying Spicer, Bennett, Mira Loma, Mir Ali And Yunker Underlying Actions And Rgls Fiduciary Duties From The Fourth Amended Complaint And First Amended Complaint Signed by Judge Samuel Conti on 08/12/2013. (tmi, COURT STAFF) (Filed on 8/12/2013)

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Travelers Property Casualty Company of American v. Centex Homes et al 1 2 3 4 5 6 Doc. 146 THE AGUILERA LAW GROUP, APLC A. Eric Aguilera (SBN 192390) Raymond E. Brown (SBN 164819) Jason Y. Chao (SBN 250735) 650 Town Center Drive, Suite 700 Costa Mesa, CA 92626 T: (714) 384-6600 / F: (714) 384-6601 eaguilera@aguileragroup.com rbrown@aguileragroup.com jchao@aguileragroup.com 7 8 9 10 11 12 LETHER & ASSOCIATES, PLLC Thomas Lether, Esq., Pro Hac Vice 3316 Fuhrman Ave E, Suite 250 Seattle, WA 98102-3800 T: 206-467-5444 tlether@letherlaw.com Attorneys for plaintiffs 13 14 UNITED STATE DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 17 18 19 Case Nos. 3:12-000371-SC TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, a Connecticut corporation; et al. [Consolidated for Trial with Case No. 3:13-cv00088-SC] Plaintiffs, [PROPOSED] ORDER RE STIPULATION TO STRIKE ALLEGATIONS RELATING TO THE UNDERLYING SPICER, BENNETT, MIRA LOMA, MIR ALI AND YUNKER UNDERLYING ACTIONS AND FROM THE FOURTH AMENDED COMPLAINT AND FIRST AMENDED COMPLAINT; [PROPOSED] ORDER 20 21 22 23 24 25 v. CENTEX HOMES, a Nevada partnership; NEWMEYER & DILLION, LLP, a California limited liability partnership; and DOES 1 through 10 inclusive, Defendant. 26 27 28 Judge: Hon. Samuel Conti Trial Date: No Date Set _______________________________________ AND RELATED CONSOLIDATED CASE. 1 Case Nos. 3:12-000371-SC [PROPOSED] ORDER RE STIPULATION Dockets.Justia.com ORDER 1 2 3 4 Pursuant to stipulation of the parties and good cause existing therefore, IT IS HEREBY ORDERED that in Case No. 12-00371 be stricken: 5 6 paragraph 13; 7 Paragraphs 472 through 478; and 8 9 10 FURTHER, IT IS HEREBY ORDERED that the following claims and allegations from -00888 be stricken: 11 12 13 Paragraphs 32 through 37; 14 Paragraphs 290 through 296; 15 Paragraphs 420 through 478; 16 Paragraphs 479 through 483; 17 Paragraphs 515 through 521; 18 Paragraphs 553 through 569; 19 20 21 certain carriers were participating in the defense of CENTEX and thus billing out and 22 receiving payment in excess of 100 percent of the actual fees and costs incurred in the -28) ; 23 24 25 were participating in the defense of CENTEX and thus billing out and receiving 26 payments in excess of 100 percent of the actual fees and costs incurred in the defense of 27 -20); that 28 2 Case Nos. 3:12-000371-SC; 3:13-0088-SC [PROPOSED] ORDER RE STIPULATION 1 certain carriers were participating in the defense of CENTEX and thus billing out and 2 receiving payment in excess of 100 percent of actual fees and costs incurred in the 3 -16); 4 5 586; 6 7 NTITIES that 8 9 certain carriers were participating in the defense of CENTEX and thus billing out and 10 receiving payment in excess of 100 percent of the actual fees and costs incurred in the -8). 11 R NIA FO ER H 18 RT 17 __________________________________ Hon. Samuel Conti Judge of the District Court l Conti e Samue Judg NO 16 12 Dated: August____, 2013 LI 15 19 A 14 UNIT ED 13 S DISTRICT TE C TA RT U O S 12 N F D IS T IC T O R C 20 21 22 23 24 25 26 27 28 3 Case Nos. 3:12-000371-SC; 3:13-0088-SC [PROPOSED] ORDER RE STIPULATION

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