UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
July 11, 2011
KAUFMAN & BROAD MONTEREY BAY, A CALIFORNIA CORPORATION;
KB HOME SOUTH BAY, INC., A CALIFORNIA CORPORATION,
COMPANY OF AMERICA; AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: Howard R. Lloyd Magistrate Judge of the United States District Court for the Northern District of California
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 5 firstname.lastname@example.org email@example.com COLE, LETHER, WATHEN, LEID & HALL, P.C. Thomas Lether, Esq. Pro Hac Vice 1000 Second Avenue Suite 1300 Seattle, WA 98104-1802 T: (206) 622-0494 firstname.lastname@example.org Attorneys for Defendant TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA
Hon. Judge: Edward J. Davilla Magistrate Judge: Howard R. Lloyd
STIPULATION AND [PROPOSED] PROTECTIVE ORDER IN RE
SUPPLEMENTAL RESPONSES TO TRAVELERS PROPERTY CASUALTY DISCOVERY
FOLLOWING MEET AND CONFER
[Re: Docket No. 85]
WHEREAS Kaufman & Broad Monterey Bay and KB Home South Bay, Inc.
"KB Home") propounded certain discovery to Travelers Property
Casualty Company of America
("Travelers") regarding (1) the claims history of its named insured,
Norcraft Companies, (2) the 27 additional insured claims history under
the policies issued to Norcraft Companies, and (3)
information with respect to the status of the remaining limits under
certain of those policies issued 2 to Norcraft Companies that are
potentially implicated in the underlying construction defect action
entitled Aldrich, et al. v. KB Home, et al. and related
cross-complaint, in the Monterey County
Superior Court, Case Number M 94490 (the "Aldrich Action"), some of which became the subject 5 of dispute between KB Home and Travelers. Such disputed discovery consisted of the following:
1. Interrogatories (Set 2), numbers 9-25 as propounded by KB Home South Bay, Inc.;
2. Interrogatories (Set 2), numbers 20-25 as propounded by Kaufman & Broad Monterey Bay;
3. Request for Production (Set 2), numbers 69, 70, 71, and 72, as propounded by KB Home;
4. Requests for Admission (Set 3), numbers 15-19 as propounded by KB Home South Bay, Inc.
WHEREAS Travelers initially responded to the aforementioned discovery on May 27, 2011.
WHEREAS KB Home filed Motions to Compel Further Responses ("KB Home Motions") [Dkts. 71 through 74]; and issued directives to comply with the Standing Order re Civil Discovery Disputes [Dkt. 75];
WHEREAS this Court, by Order dated June 6, 2011, vacated the aforementioned Motions
WHEREAS, the Parties agreed to resolve the discovery dispute as set forth in the "Discovery Dispute Joint Report #1" [Dkt. 79]; requested that that the information it provides not be shared with, disseminated to, or otherwise 22 circulated to any counsel and/or party in any of the matters identified in the supplemental responses 23 and KB Home has agreed to the Travelers' request.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and among the parties hereto, through their undersigned counsel, that neither KB Home nor its counsel in this 26 action shall share, disseminate, or otherwise circulate the information set forth in the supplemental 27 responses with any party or attorney involved in any of the matters identified in Travelers' 28 supplemental responses. Notwithstanding the above, this Stipulation and [Proposed] Order shall not preclude or limit the parties' use of the information referenced herein for trial, post-trial or appellate 2 proceedings in connection with this matter. Further, such information may be used for trial 3 preparation purposes by and between counsel and KB Home South Bay, Inc. and/or Kaufman & Broad Monterey Bay only.
WHEREAS in anticipation of the service of the supplemental responses Travelers has
IT IS SO STIPULATED.
IT IS SO ORDERED.
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