Kaufman & Broad Monterey Bay et al v. Travelers Property Casualty Company of America

Filing 141

STIPULATION AND ORDER GRANTING EXTENSION OF BRIEFING SCHEDULE RE MOTION TO STRIKE re 140 Stipulation. Set/Reset Deadlines as to 140 Stipulation, 137 MOTION to Strike Plaintiffs' Notice of Motion and Motion to Strike Portions of Amended Answer; Memorandum of Points and Authorities in Support Thereof. Opposition due by 12/23/2011. Reply due by 12/30/2011. Motion hearing as previously set for 1/13/2012 at 9:00 AM in Courtroom 1, 5th Floor, San Jose. Signed by Judge Edward J. Davila on 10/12/2011. (ecg, COURT STAFF) (Filed on 10/12/2011)

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BOHM, MATSEN, KEGEL & AGUILERA, LLP
A. Eric Aguilera (SBN 192390)
Kari M. Myron (SBN 158592)
695 Town Center Drive, Suite 700
Costa Mesa, CA 92626
T: 714-384-6500
F: 714-384-6501
[e-mail]
[e-mail]
LETHER & ASSOCIATES, PLLC
Thomas Lether, Esq., Pro Hac Vice
3316 Fuhrman Ave E
Suite 250
Seattle, WA 98102-3800
T: 206-467-5444
[e-mail]

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Attorneys for Defendant TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KAUFMAN & BROAD MONTEREY BAY, a
California corporation; KB HOME SOUTH
BAY, INC., a California corporation,

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Plaintiffs,
v.

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TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA; and DOES 1
through 100, inclusive,
Defendants.

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CASE NO.:
Hon. Judge:
Courtroom:

5:10-cv-02856-EJD
Edward J. Davilla
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STIPULATION AND [PROPOSED] ORDER
RE MOTION TO STRIKE BRIEFING
SCHEDULE
Date Complaint Filed: May 27, 2010
Date of Hearing: January 13, 2012
Time:
9:00 a.m.
Dept:
Crtm 1, 5th Floor

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Plaintiffs Kaufman & Broad Monterey Bay and KB Home South Bay, Inc. (collectively “KB

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Home”) and Defendant Travelers Property Casualty Company of America (“Travelers”), by their

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respective undersigned attorneys, hereby stipulate and agree to the following:
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5:10-cv-02856-EJD

STIPULATION AND [PROPOSED] ORDER RE MOTION
TO STRIKE BRIEFING SCHEDULE

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WHEREAS, on September 30, 2011, Plaintiffs filed a Notice of Motion and Motion to
Strike Portions of Amended Answer, which contained a hearing date of November 4, 2011;

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WHEREAS, on September 30, 2011, the Court ordered the following briefing schedule:
Responses to be filed by October 14, 2011 and Replies to be filed by October 21, 2011;

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WHEREAS, on October 5, 2011, the Clerk issued a Notice Continuing the Hearing on

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Plaintiffs’ Notice of Motion and Motion to Strike Portions of Amended Answer to January 13,

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2012;

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WHEREAS, the Court has calendared a Case Management Conference for October 28,
2011;
WHEREAS, the parties’ Motions for Summary Judgment and Partial Summary Judgment

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are presently under submission to the Court;

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WHEREAS, the parties jointly request that they be allowed to file Responses to the Motion

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to Strike and any Replies thereto closer in time to the new hearing date in accordance with the

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provisions of Civil Local Rules 7-7 as follows: any Responses to Plaintiffs’ Motion to Strike

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Portions of Amended Answer to be filed no later than December 23, 2011 and any Replies thereto to

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be filed no later than December 30, 2011.

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NOW THEREFORE, in consideration of the foregoing and the premises exchanged herein,
the parties agree and stipulate as follows:

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1.

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Responses to Plaintiffs’ Motion to Strike Portions of Amended Answer shall be filed
no later than December 23, 2011; and

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2.

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Replies to Responses to Plaintiffs’ Motion to Strike Portions of Amended Answer
shall be filed no later than December 30, 2011.

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3.

This Stipulation may be executed in counterparts, by facsimile signature, each of

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which shall together be construed as a single document, and which may be used in

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lieu of the original for all purposes.

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///

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///

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///
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5:10-cv-02856-EJD

STIPULATION AND [PROPOSED] ORDER RE MOTION
TO STRIKE BRIEFING SCHEDULE

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IT IS SO STIPULATED.

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DATED: October 11, 2011

BOHM, MATSEN, KEGEL & AGUILERA LLP

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By:
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DATED: October 11, 2011

/s/: A. Eric Aguilera
A. ERIC AGUILERA
Attorneys for Defendant TRAVELERS
PROPERTY CASUALTY COMPANY OF
AMERICA

NEWMEYER & DILLION LLP

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By:

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/C. Kendie Schlecht/
JAMES S. HULTZ
C. KENDIE SCHLECHT
Attorneys for Plaintiffs KAUFMAN & BROAD
MONTEREY BAY, a California corporation; and
KB HOME SOUTH BAY, INC., a California
corporation

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IT IS SO ORDERED:

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DATED: ________________
October 12, 2011

_______________________________
Judge of the United States District Court for the
Northern District of California

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5:10-cv-02856-EJD

STIPULATION AND [PROPOSED] ORDER RE MOTION
TO STRIKE BRIEFING SCHEDULE