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LIBERTY MUTUAL INSURANCE COMPANY v. HOGE

United States District Court, N.D. California


September 30, 2005.

LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts corporation, Plaintiff,
v.
HENRY D. HOGE, an individual; DONA P. HOGE, an individual; HAROLD K. SPENCE, an individual; JOHN H. MANSPERGER, an individual; CLARENCE S. WEBER, an individual; HILDA S. WEBER, an individual; HENRY D. HOGE and DONA P. HOGE FAMILY TRUST, a trust; HENRY D. HOGE, a trustee; DONA P. HOGE, a trustee; and DOES 1-50, Defendants and Counterclaimants.

The opinion of the court was delivered by: WILLIAM ALSUP, District Judge

ORDER RESOLVING REMANDED ISSUE

Upon remand from the Ninth Circuit, the Court previously ordered the parties to recalculate the aggregate amount of funds necessary to pay only pre-judgment (and not post-judgment) attorney's fees and litigation costs as necessaries for support under California Civil Procedure Code ยง 487.020. In light of the global settlement agreement in the related litigation (Case No. 03-2502), resolving all outstanding issues, it is unnecessary for the parties to engage in any retrospective accounting of such funds. An aggregate amount based on the prior estimates of Special Master Thomas Klitgaard would be sufficient. The parties shall submit a proposed order by OCTOBER 5, 2005. In any event, the Court recognizes that the issue is likely moot because the Hoge defendants specifically released and waived all rights granted under the Order of Exemption as part of the global settlement agreement.

IT IS SO ORDERED.

20050930

© 1992-2005 VersusLaw Inc.



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