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

Filing 173

ORDER granting 171 STIPULATION WITH PROPOSED ORDER re 170 Case Management Conference - Further,,, Set Deadlines/Hearings,, filed by Centex Homes. Case Management Statement due by 3/11/2016. Status Conference reset for 3/18/2016 08:30 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Signed by Judge Charles R. Breyer on 2/1/2016. (beS, COURT STAFF) (Filed on 2/2/2016)

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 Attorneys at Law
PAYNE & FEARS LLP
5 Jamboree Center, 4 Park Plaza, Suite 1100
Irvine, California 92614
6 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendants CENTEX HOMES, a Nevada partnership;
8 NEWMEYER & DILLION, LLP, a California limited liability partnership
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UNITED STATES DISTRICT COURT
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ATTORNEYS AT LAW
JAMBOREE CENTER, 4 PARK PLAZA, SUITE 1100
IRVINE, CALIFORNIA 92614
[phone]

PAYNE & FEARS LLP

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
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TRAVELERS PROPERTY CASUALTY
13 COMPANY OF AMERICA, a Connecticut
corporation,
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Plaintiff,
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v.
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CENTEX HOMES, a Nevada partnership;
17 NEWMEYER & DILLION, LLP, a California
limited liability partnership; RGL, Inc., a
18 California corporation, dba RGL
FORENSICS; and DOES 1 through 10
19 inclusive,
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Defendants.

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Case No. 3:12-cv-00371-CRB
[Consolidated for Trial with Case No. 3:13-cv00088-CRB]
Honorable Charles R. Breyer
STIPULATION TO CONTINUE STATUS
CONFERENCE AND ORDER AND
DECLARATION OF JEFFREY M.
HAYES
Judge:
Date:
Time:
Crtrm.:

Hon. Charles R. Breyer
February 19, 2016
8:30 a.m.
6, 17th Floor

Trial Date:

Not Set

AND RELATED CONSOLIDATED CASE
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WHEREAS, Plaintiffs Travelers Property Casualty Company of America and Travelers

25 Indemnity Company of Connecticut (collectively “Travelers”), Centex Homes (“Centex”),
26 Newmeyer & Dillion, LLP (“Newmeyer”) and RGL Forensics (“RGL”) appeared before the
27 Court, through counsel, for a status conference on November 20, 2015.
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3:12-cv-00371-CRB
STIPULATION TO CONTINUE STATUS CONFERENCE

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WHEREAS, the Court continued the status conference in this action to February 19, 2016,

2 at 8:30 a.m. to allow Travelers and Centex to attend a mandatory settlement conference being
3 conducted by the Honorable John Kronstadt, United States District Judge for the Central District
4 of California, in other pending cases involving Travelers and Centex.
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WHEREAS, the Court indicated that the parties should file any motions for leave to

7 reconsider on or before January 31, 2016, and the parties, at the direction of the Court, agreed to
8 exchange their initial disclosures on January 29, 2016.
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ATTORNEYS AT LAW
JAMBOREE CENTER, 4 PARK PLAZA, SUITE 1100
IRVINE, CALIFORNIA 92614
[phone]

PAYNE & FEARS LLP

10

WHEREAS, Travelers and Centex attended the mandatory settlement conference on

11 January 19, 2016. During the mandatory settlement conference, Travelers and Centex discussed
12 all of the approximately 80 cases pending between them in California state and federal court.
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WHEREAS, Travelers and Centex did not reach a settlement of all their pending disputes

15 during the mandatory settlement conference, but did agree to an informal exchange of information
16 that may help to facilitate a settlement of some, or all, of the disputes between them.
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WHEREAS, Travelers and Centex agreed to attend a continued mandatory settlement

19 conference, which will be held on February 23, 2016 at 9:00 a.m. before Judge Kronstadt.
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WHEREAS, Travelers, Centex, RGL and Newmeyer believe it would be beneficial for

22 Travelers and Centex to attend the upcoming continued mandatory settlement conference with
23 Judge Kronstadt on February 23, 2016, before moving forward with the continued case
24 management conference in this case, at which the parties anticipate the Court will issue a case
25 management order.
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WHEREAS, Travelers, Centex, RGL and Newmeyer respectfully request that the Court

28 continue the upcoming continued status conference in this case for approximately 30 days to
-2STIPULATION TO CONTINUE STATUS CONFERENCE

3:12-cv-00371-CRB

1 March 18, 2016, or another date that is convenient for the Court.
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WHEREAS, Travelers, Centex, RGL and Newmeyer respectfully request that the Court

4 extend the pending deadlines to exchange initial disclosures and to file motions for leave to
5 reconsider.
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7

IT IS, THEREFORE, STIPULATED by and between Travelers, Centex, Newmeyer and

8 RGL that the status conference currently set for February 19, 2016, at 8:30 a.m. be continued to
9 March 18, 2016, at 8:30 a.m., or another date and time that is convenient for the Court.

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

PAYNE & FEARS LLP

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IT IS FURTHER STIPULATED by and between Travelers, Centex, Newmeyer and

12 RGL that the further Case Management Statement will be due on March 11, 2016, or another date
13 and time that is convenient for the Court.
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IT IS FURTHER STIPULATED by and between Travelers, Centex, Newmeyer and

16 RGL that the deadline to exchange initial disclosures in this case will be March 11, 2016.
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IT IS FURTHER STIPULATED by and between Travelers, Centex, Newmeyer and

19 RGL that the deadline to file motions for leave to reconsider in this case will be February 29, 2016
20 or any other date after February 29, 2016 that the Court selects.
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IT IS FURTHER STIPULATED by and between Travelers, Centex, Newmeyer and

23 RGL that no party shall file a motion for leave to file a motion for reconsideration until February
24 29, 2016. However, if the parties receive a signed order from the Court by noon on January 29,
25 2016, indicating that the deadline to file a motion for leave to file a motion for reconsideration has
26 been moved from January 31, 2016, to a date after February 29, 2016, the parties mutually agree
27 not to file any such motion for leave to file a motion for reconsideration until at least February 29,
28 2016. If the parties receive no such order by noon on January 29, 2016, however, the parties will
-3STIPULATION TO CONTINUE STATUS CONFERENCE

3:12-cv-00371-CRB

1 file any planned motion for leave to file a motion for reconsideration in the afternoon on January
2 29, 2016. In that event, any opposition to the motion will be due on the date set forth in the local
3 rules, if any, or the orders of the Court. The parties have no objection, however, to the Court
4 delaying any hearing set on any such motion until after February 29, 2016.
5
6 DATED: January 27, 2016

PAYNE & FEARS

LLP

By:

/s/ Jeffrey M. Hayes
JEFFREY M. HAYES

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

PAYNE & FEARS LLP

10

Attorneys for CENTEX HOMES and
NEWMEYER & DILLION, LLP

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12 DATED: January 27, 2016

THE AGUILERA LAW GROUP APLC

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By:

/s/ Raymond E. Brown
RAYMOND E. BROWN

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16

Attorneys for TRAVELERS PROPERTY
CASUALTY COMPANY OF AMERICA

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DATED: January 27, 2016

ERICKSEN ARBUTHNOT

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By:

/s/ Andrew P. Sclar
ANDREW P. SCLAR
Attorneys for RGL, INC.

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-4STIPULATION TO CONTINUE STATUS CONFERENCE

3:12-cv-00371-CRB

1

ORDER

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PURSUANT TO STIPULATION, IT IS ORDERED that deadlines in this case be

4 altered as follows:
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6

The status conference currently set for February 19, 2016, at 8:30 a.m. will be continued to

7 March 18, 2016, at 8:30 a.m.;
8
9

The Case Management Statement will be due on March 11, 2016;

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

PAYNE & FEARS LLP

10
The deadline to exchange initial disclosures in this case will be March 11, 2016; and

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12

The deadline to file motions for leave to reconsider in this case will be February 29, 2016.

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Dated:

February 1, 2016

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Hon. Charles R. Breyer
Judge, United States District Court

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-5STIPULATION TO CONTINUE STATUS CONFERENCE

3:12-cv-00371-CRB