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Kaufman & Broad Monterey Bay, A California Corporation v. Company of America; and Does 1 Through 100

July 11, 2011

KAUFMAN & BROAD MONTEREY BAY, A CALIFORNIA CORPORATION;
KB HOME SOUTH BAY, INC., A CALIFORNIA CORPORATION,
PLAINTIFFS,
v.
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

*E-FILED 07-11-2011*

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 eaguilera@bmkalaw.com kmyron@bmkalaw.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 tlether@clwl.net 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

Courtroom: 1

[Re: Docket No. 85]

WHEREAS Kaufman & Broad Monterey Bay and KB Home South Bay, Inc. (collectively "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 ...


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