Opinion
CASE NO.: 5:10-cv-02856-EJD
10-12-2011
KAUFMAN & BROAD MONTEREY BAY, a California corporation; KB HOME SOUTH BAY, INC., a California corporation, Plaintiffs, v. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA; and DOES 1 through 100, inclusive, Defendants.
BOHM, MATSEN, KEGEL & AGUILERA LLP A. ERIC AGUILERA Attorneys for Defendant TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA NEWMEYER & DILLION LLP 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
BOHM, MATSEN, KEGEL & AGUILERA, LLP
A. Eric Aguilera (SBN 192390)
Kari M. Myron (SBN 158592)
LETHER & ASSOCIATES, PLLC
Thomas Lether, Esq., Pro Hac Vice
Attorneys for Defendant TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA
Hon. Judge: Edward J. Davilla
Courtroom: 1
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
Plaintiffs Kaufman & Broad Monterey Bay and KB Home South Bay, Inc. (collectively "KB Home") and Defendant Travelers Property Casualty Company of America ("Travelers"), by their respective undersigned attorneys, hereby stipulate and agree to the following:
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;
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;
WHEREAS, on October 5, 2011, the Clerk issued a Notice Continuing the Hearing on Plaintiffs' Notice of Motion and Motion to Strike Portions of Amended Answer to January 13, 2012;
WHEREAS, the Court has calendared a Case Management Conference for October 28, 2011;
WHEREAS, the parties' Motions for Summary Judgment and Partial Summary Judgment are presently under submission to the Court;
WHEREAS, the parties jointly request that they be allowed to file Responses to the Motion to Strike and any Replies thereto closer in time to the new hearing date in accordance with the provisions of Civil Local Rules 7-7 as follows: any Responses to Plaintiffs' Motion to Strike Portions of Amended Answer to be filed no later than December 23, 2011 and any Replies thereto to be filed no later than December 30, 2011.
NOW THEREFORE, in consideration of the foregoing and the premises exchanged herein, the parties agree and stipulate as follows:
1. Responses to Plaintiffs' Motion to Strike Portions of Amended Answer shall be filed no later than December 23, 2011; and
2. Replies to Responses to Plaintiffs' Motion to Strike Portions of Amended Answer shall be filed no later than December 30, 2011.
3. This Stipulation may be executed in counterparts, by facsimile signature, each of which shall together be construed as a single document, and which may be used in lieu of the original for all purposes.
IT IS SO STIPULATED.
BOHM, MATSEN, KEGEL & AGUILERA LLP
A. ERIC AGUILERA
Attorneys for Defendant TRAVELERS
PROPERTY CASUALTY COMPANY OF
AMERICA
NEWMEYER & DILLION LLP
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
IT IS SO ORDERED:
________________________________________
Judge of the United States District Court for the
Northern District of California