Hays et al v. Commonwealth Land Title Insurance Company et al

Filing 27

STIPULATION AND ORDER CANCELING CASE MANAGEMENT CONFERENCE. Signed by Judge Jeffrey S. White on 3/8/11. (sis, COURT STAFF) (Filed on 3/8/2011) [Transferred from California Northern on 3/15/2011.]

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MARGARET A. KEANE (SBN 255378)
[e-mail]
SEBASTIAN L. MILLER (SBN 265793)
[e-mail]
DEWEY & LEBOEUF LLP
1950 University Avenue, Suite 500
East Palo Alto, CA 94303
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Defendants
Commonwealth Land Title Insurance Corporation and
Lawyers Title Insurance Company
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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VIVIAN R. HAYS, an individual; KENNETH
WOOD, an individual; ANGELA M. ARTHUR,
as Trustee of the Arthur Declaration of Trust,
dated December 29, 1988; LEAPIN EAGLE,
LLC, a New York limited liability company; and
all others similarly situated,

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Plaintiffs,
vs.
COMMONWEALTH LAND TITLE
INSURANCE COMPANY, a Nebraska
corporation; LAWYERS TITLE INSURANCE
CORPORATION, a Nebraska corporation; and
DOES 1 through 20,
Defendants.

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Case No. 3:10-cv-05336-JSW
Hon. Jeffrey S. White
STIPULATION AND [PROPOSED]
ORDER CANCELLING CASE
MANAGEMENT CONFERENCE
SCHEDULED FOR MARCH 18, 2011
Crtrm: 11, 19th Floor

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WHEREAS, this action (“Complaint”) was filed on November 24, 2010;

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WHEREAS, the Complaint was served on CT Corporation as statutory agent for Defendants

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Commonwealth Land Title Insurance Company and Lawyers Title Insurance Corporation

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(“Defendants”) on December 9, 2010;

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WHEREAS, on February 2, 2011, the United States Judicial Panel on Multidistrict Litigation

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(“MDL Panel”) filed a Conditional Transfer Order (“CTO”) and Plaintiffs have stipulated to transfer

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Stipulation and [Proposed] Order Cancelling March 18, 2011 CMC
Case No. 3:10-cv-05336 (JSW)

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and consolidation to the United States District Court for the District of South Carolina

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(“Consolidated Court”), as set forth in the CTO;

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WHEREAS, on February 8, 2011, this action was transferred from the Honorable Laurel
Beeler to the Honorable Jeffrey S. White;
WHEREAS, on February 8, 2011, the Honorable Judge White issued an Order setting the
Case Management Conference in this action for March 18, 2011, at 1:30 p.m. (“Scheduled CMC”);
WHEREAS, on February 16, 2011, the Honorable Judge White granted the parties’ Proposed
Order Extending Defendants’ Time to File a Pleading Responsive to Plaintiffs’ Complaint;

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WHEREAS, the parties understand that this action will likely be transferred to the

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Consolidated Court prior to Defendants’ deadline to file a responsive pleading to the Complaint;

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WHEREAS, consistent with the goals of efficiency, coordination, and judicial economy that

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underlie transfer orders by the MDL Panel, the parties also understand that once this action is

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transferred to the Consolidated Court, the Consolidated Court may wish to hold a Case Management

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Conference and establish a discovery schedule that coordinates this action with other related matters

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that have also been transferred to the Consolidated Court; and

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NOW THEREFORE, the undersigned parties through their respective counsel stipulate to

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cancel the Scheduled CMC in order to permit the Consolidated Court to schedule a Case

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Management Conference once this action is transferred to the United States District Court for the

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District of South Carolina.

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This stipulation may be executed in counterparts, including by signature transmitted by
facsimile.

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Stipulation and [Proposed] Order Cancelling March 18, 2011 CMC
Case No. 3:10-cv-05336 (JSW)

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Dated: March 8, 2011

Respectfully Submitted,
DEWEY & LEBOEUF LLP

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By:

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/s/ Margaret A. Keane
Margaret A. Keane (SBN 255378)
Sebastian L. Miller (SBN 265793)

Attorneys for Defendants
Commonwealth Land Title Insurance Company and
Lawyers Title Insurance Corporation

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Dated: March 8, 2011

HOLLISTER & BRACE, APC

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By:

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/s/ Robert L. Brace
Robert L. Brace
Michael P. Denver

FOLEY BEZEK BEHLE & CURTIS, LLP

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By:

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/s/ Thomas G. Foley, Jr.
Thomas G. Foley, Jr.
Justin P. Karczag

Attorneys for Plaintiffs

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IT IS SO ORDERED:
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DATE: March 8, 2011
HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT COURT JUDGE

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Stipulation and [Proposed] Order Cancelling March 18, 2011 CMC
Case No. 3:10-cv-05336 (JSW)

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I, Margaret A. Keane, am the ECF User whose ID and password are being used to file this

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STIPULATION AND [PROPOSED] ORDER CANCELLING CASE MANAGEMENT

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CONFERENCE SCHEDULED FOR MARCH 18, 2011. In compliance with General Order 45,

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X.B., I hereby attest that counsel whose e-signatures appear on the foregoing signature pages have

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concurred with this filing.

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/s/ Margaret A. Keane

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PA155139.1

Stipulation and [Proposed] Order Cancelling March 18, 2011 CMC
Case No. 3:10-cv-05336 (JSW)