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

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


October 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.

The opinion of the court was delivered by: Hon. Judge: Edward J. Davilla

BOHM, MATSEN, KEGEL & AGUILERA, LLP A. Eric Aguilera (SBN 192390) 2 Kari M. Myron (SBN 158592) 695 Town Center Drive, Suite 700 3 Costa Mesa, CA 92626 4 T: 714-384-6500 F: 714-384-6501 5 eaguilera@bmkalaw.com kmyron@bmkalaw.com 6 7 LETHER & ASSOCIATES, PLLC Thomas Lether, Esq., Pro Hac Vice 8 3316 Fuhrman Ave E Suite 250 9 Seattle, WA 98102-3800 T: 206-467-5444 10 tlether@letherlaw.com 11 12 Attorneys for Defendant TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

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 28 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; 3

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; 5

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; 10

WHEREAS, the parties' Motions for Summary Judgment and Partial Summary Judgment are presently under submission to the Court; 12

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 14 provisions of Civil Local Rules 7-7 as follows: any Responses to Plaintiffs' Motion to Strike 15 Portions of Amended Answer to be filed no later than December 23, 2011 and any Replies thereto to 16 be filed no later than December 30, 2011. 17

NOW THEREFORE, in consideration of the foregoing and the premises exchanged herein, 18 the parties agree and stipulate as follows: 19

1. Responses to Plaintiffs' Motion to Strike Portions of Amended Answer shall be filed 9 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.

IT IS SO ORDERED:

Judge of the United States District Court for the Northern District of California

20111012

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