Travelers Property Casualty Company of America v. Centex Homes

Filing 19

STIPULATION AND ORDER re 18 STIPULATION WITH PROPOSED ORDER Resetting deadlines for defendants motion to dismiss plaintiffs complaint. Reset Deadlines as to 11 MOTION to Dismiss Plaintiffs' Complaint. Responses due by 12/30/2015. Replies due by 1/6/2016. Signed by Judge Jon S. Tigar on December 4, 2015. (wsn, COURT STAFF) (Filed on 12/4/2015)

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THE AGUILERA LAW GROUP, APLC
A. Eric Aguilera, Esq. (SBN 192390)
Jason Y. Chao, Esq. (SBN 250735)
Thomas V. Perea (SBN 140223)
650 Town Center Drive
Suite 100
Costa Mesa, CA 92626
T: 714-384-6600 / F: 714-384-6601
[e-mail]
[e-mail]
[e-mail]
Attorneys for plaintiff, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION
TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA, a Connecticut
corporation;
v.

Plaintiffs,

CENTEX HOMES, a Nevada general partnership;
CENTEX REAL ESTATE CORPORATION, a
Nevada corporation; and DOES 1 through 10
inclusive,
Defendants.

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Case No. C-15-4951-JST
STIPULATION AND [PROPOSED]
ORDER RESETTING DEADLINES
FOR DEFENDANTS’ MOTION TO
DISMISS PLAINTIFF’S COMPLAINT
Judge: The Hon. Jon S. Tigar
Date: January 28, 2016
Time: 2:00 p.m.
Crtrm.: 9, 19th Floor
Trial Date: None set.

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Case No.: C-15-4951-JST
STIPULATION AND [PROPOSED] ORDER RESETTING DEADLINES FOR DEFENDANTS’ MOTION TO DISMISS
PLAINTIFF’S COMPLAINT

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PURSUANT TO LOCAL RULE 7-7(d), Plaintiff Travelers Property Casualty Company of

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America (“Travelers”) and defendants Centex Homes and Centex Real Estate Corporation

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(collectively, “Centex”) submit the following stipulation resetting the deadlines for Centex’s motion

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to dismiss, presently set for hearing on January 28, 2015 [Dkt. No.17].

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The hearing on the motion was initially set for hearing on January 7, 2015 [Dkt. No. 11].

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The parties are presently in ongoing settlement discussions that could result in the dismissal of this

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action without prejudice. Centex agreed to continue the hearing to January 28, 2015 so as to avoid

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the parties having to incur time and expense in filing and serving opposing or reply papers during

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the pendency of these settlement discussions. Given that a continuance of the motion does not

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extend the time for filing and serving the opposing papers or reply papers, the parties now submit

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this stipulation requesting that the Court reset the deadlines for Centex’s motion to dismiss. The

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parties request the following deadlines:

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1.

Any opposition must be filed by no later than December 30, 2015; and,

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2.

Any reply must be filed no later than January 6, 2016.

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Dated: December 4, 2015

THE AGUILERA LAW GROUP, APLC

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s/: Thomas V. Perea
A. Eric Aguilera, Esq.
Jason Y. Chao, Esq.
Thomas V. Perea, Esq.
Attorneys for Plaintiff
TRAVELERS PROPERTY CASUALTY COMPANY OF
AMERICA

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Dated: December 4, 2015

PAYNE & FEARS LLP

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s/: Thomas L. Vincent
Thomas L. Vincent, Esq.
Attorneys for Defendants
CENTEX HOMES and CENTEX REAL ESTATE
CORPORATION

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Case No.: C-15-4951-JST
STIPULATION AND [PROPOSED] ORDER RESETTING DEADLINES FOR DEFENDANTS’ MOTION TO DISMISS
PLAINTIFF’S COMPLAINT

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ORDER

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After full consideration of the parties’ stipulation to reset the deadlines for Centex’s motion

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to dismiss Travelers’ Complaint, presently set for hearing on January 28, 2016, the Court finds as

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follows:

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IT IS HEREBY ORDERED that:

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1.

Any opposition to the motion must be filed by no later than December 30, 2015; and,

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2.

Any reply thereto must be filed no later than January 6, 2016.

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Hon. Jon S. Tigar
Judge United States District Court

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Dated: December 4, 2015

UNIT
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Case No.: C-15-4951-JST
STIPULATION AND [PROPOSED] ORDER RESETTING DEADLINES FOR DEFENDANTS’ MOTION TO DISMISS
PLAINTIFF’S COMPLAINT