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

Filing 244

STIPULATION AND ORDER GRANTING 243 STIPULATION TO CONT. TRIAL DATE, PRE-TRIAL DATES & ALL HEARINGS PENDING FURHTER MSC filed by Kaufman & Broad Monterey Bay, KB Home South Bay, Inc. Set/Reset Deadlines as to 221 MOTION for Leave to File MOTION for Leave to File Supplemental Expert Report of Charles M. Miller; Memorandum of Points of Authorities Thereof, 178 MOTION for Partial Summary Judgment, 169 First MOTION for Summary Judgment , 182 MOTION for Partial Summary Judgment RE BRANDT FEES, 174 MOTION for Partial Summary Judgment: Motion Hearing set for 1/11/2013 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Final Pretrial Conference statement due by 2/12/201 3. Final Pretrial Conference set for 2/22/2013 11:00 AM in Courtroom 4, 5th Floor, San Jose. The trial dates shall remain as currently set. ***10/26/2012 and 1/18/2013 Deadlines terminated. Please see Order for further specifics. Signed by Judge Edward J. Davila on 10/19/2012. (ecg, COURT STAFF) (Filed on 10/19/2012)

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NEWMEYER & DILLION LLP
JAMES S. HULTZ, CBN 217623
[e-mail]
BONNIE T. ROADARMEL, CBN 205275
[e-mail]
C. KENDIE SCHLECHT, CBN 190978
[e-mail]
895 Dove Street, 5th Floor
Newport Beach, California 92660
[phone]; [phone] (Fax)

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Attorneys for Plaintiffs and Counter-Defendants
KAUFMAN & BROAD MONTEREY BAY, a
California corporation; and KB HOME SOUTH
BAY, INC., a California corporation

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UNITED STATES DISTRICT COURT

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N EWMEY ER & D ILL ION LLP

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NORTHERN DISTRICT OF CALIFORNIA - SAN JOSE DIVISION

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

CASE NO.:
5:10-cv-02856-EJD
JUDGE:
Edward J. Davila
COURTROOM: 4
MAGISTRATE JUDGE: Howard R. Lloyd

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

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STIPULATION AND [PROPOSED] ORDER
CONTINUING TRIAL DATE, PRE-TRIAL
DATES, AND ALL HEARINGS PENDING
FURTHER MANDATORY SETTLEMENT
CONFERENCE
[Civil L.R. 7-1(a)(5), 7-12, and 40-1]

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

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Trial Date: February 26, 2013
Final Pretrial Conference: January 18, 2013

vs.

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State Court Action Filed: May 27, 2010
Removed to USDC Northern Dist.: June 28, 2010

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

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Counter-Defendants.

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3411493.2

STIP AND [PROP.] ORDER CONTINUING
TRIAL DATE AND RELATED DATES
CASE NO. 5:10-CV-02856-EJD

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Plaintiffs and Counter-Defendants Kaufman & Broad Monterey Bay and KB Home South

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Bay, Inc. (collectively “KB Home”) and Defendant and Counterclaimant Travelers Property

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Casualty Company of America (“Travelers”), by their respective undersigned attorneys, hereby

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stipulate and agree to the following:

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WHEREAS, on September 5, 2012, the parties attended an all-day Mandatory Settlement

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Conference before Magistrate Judge Paul S. Grewal where the parties made significant progress

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toward settlement;

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WHEREAS, the parties initially scheduled a further Mandatory Settlement Conference

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with Magistrate Judge Grewal on October 24, 2012, but Magistrate Judge Grewal required that

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the Mandatory Settlement Conference be continued until November 21, 2012 or later;

N EWMEY ER & D ILL ION LLP

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WHEREAS, Travelers is not available on November 21, 2012, and Judge Grewal has
offered alternate dates of December 17 or December 19, 2012;

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WHEREAS, the parties are working diligently to schedule a further Mandatory Settlement

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Conference and will proceed to attempt to settle this matter at the further Mandatory Settlement

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conference if the Court is amenable to a brief continuance of approximately ninety (90) days of

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the trial, related pre-trial dates, and pending hearing dates;

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WHEREAS, the parties request the continuances to: (1) avoid incurring unnecessary fees

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and costs and Court time on motion work and trial preparation in advance of a potential

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settlement; and (2) to avoid undertaking activities that might alter the status quo and thereby

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undermine settlement negotiations;

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WHEREAS, the Court issued the Pretrial Order (Docket No. 237) setting the trial date and
other pretrial dates;

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WHEREAS, on June 1, 2012, Travelers filed the following four motions for partial

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summary judgment re: (1) Reasonableness of Travelers’ Coverage Determination in Light of KB

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Home’s Position Taken in the SB800 Proceedings; (2) Armstrong Election; (3) KB Home’s

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Eighth, Ninth, Fourteenth, and Nineteenth Affirmative Defenses; and (4) Brandt Fees

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(collectively “Partial Summary Judgment Motions”) (Docket Nos. 169, 174, 178, and 182,

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respectively);
3411493.2

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STIP AND [PROP.] ORDER CONTINUING
TRIAL DATE AND RELATED DATES
CASE NO. 5:10-CV-02856-EJD

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WHEREAS, the hearing on the Partial Summary Judgment Motions is scheduled for
October 26, 2012;

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WHEREAS, on July 23, 2012, KB Home filed its Motion for Leave to File Supplemental
Expert Report of Charles M. Miller (“Miller Motion”) (Docket No. 221);

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WHEREAS, the Miller Motion is fully briefed and the hearing is scheduled for October
26, 2012;

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WHEREAS, the parties respectfully request that all dates set forth in the Pretrial Order,

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including the trial date, be continued approximately ninety (90) days to allow the parties

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additional time to pursue settlement during the further Mandatory Settlement Conference;
WHEREAS, the parties respectfully request that the hearing date on the Partial Summary

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N EWMEY ER & D ILL ION LLP

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Judgment Motions and the hearing date on the Miller Motion be continued approximately ninety

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(90) days to allow the parties additional time to pursue settlement during the further Mandatory

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Settlement Conference;

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WHEREAS, the parties respectfully request that any dates not specifically continued

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herein be governed by pretrial deadlines set forth in the Federal Rules of Civil Procedure and the

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Northern District Local Rules, and calculated from any newly set trial date and final pretrial

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conference date, where applicable;

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NOW THEREFORE, in consideration of the foregoing and the promises exchanged
herein, the parties agree and stipulate as follows, upon approval of the Court:

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approximately ninety (90) days or to the Court’s next available hearing date thereafter;

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2.

The hearing on KB Home’s Miller Motion shall be continued approximately

ninety (90) days or to the Court’s next available hearing date thereafter;

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The hearing on Travelers’ Partial Summary Judgment Motions shall be continued

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The dates set forth in the Court’s Pretrial Order, including the trial date, shall be

continued approximately ninety (90) days or to the Court’s next available dates thereafter;

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4.

Any dates not specifically continued herein shall be governed by pretrial deadlines

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set forth in the Federal Rules of Civil Procedure and the Northern District Local Rules, and

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calculated from the newly set trial date and final pretrial conference date, where applicable; and
3411493.2

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STIP AND [PROP.] ORDER CONTINUING
TRIAL DATE AND RELATED DATES
CASE NO. 5:10-CV-02856-EJD

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5.

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

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

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the original for all purposes.

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IT IS SO STIPULATED.

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Dated: October 17, 2012

BOHM, MATSEN, KEGEL & AGUILERA
LLP

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

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N EWMEY ER & D ILL ION LLP

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Dated: October 17, 2012

LETHER & ASSOCIATES, PLLC

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By: /s/ Thomas Lether
Thomas Lether, Pro Hac Vice
Attorneys for Defendant/Counterclaimant
TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA

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Dated: October 17, 2012

NEWMEYER & DILLION LLP

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By: /s/ C. Kendie Schlecht
C. Kendie Schlecht
Attorneys for Plaintiffs and CounterDefendants KAUFMAN & BROAD
MONTEREY BAY, a California
corporation; and KB HOME SOUTH BAY,
ORDER INC., a California corporation
The stipulation is GRANTED as follows:
PURSUANT TO STIPULATION, IT IS SO ORDERED:
1. The motion hearings on Docket Item Nos. 169, 174, 178 and 182 are 221 are
and
CONTINUED from October 26, 2012, to January 11, 2013, at 9:00 a.m.
2. The Final Pretrial Conference is CONTINUED from January 18, 2013, to
DATED: ___________________ a.m. All other pretrial deadlines are adjusted
_______________________________
February 22, 2013, at 11:00
Judge of the re: pretrial preparation.
accordingly pursuant to this court's standing order United States District Court for the
Northern District of California
3. The trial dates shall remain as currently set.

2012
DATED: October 19, 2013

________________________
EDWARD J. DAVILA
United States District Judge

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3411493.2

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STIP AND [PROP.] ORDER CONTINUING
TRIAL DATE AND RELATED DATES
CASE NO. 5:10-CV-02856-EJD