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Travelers Property Casualty Company of America, A Connecticut Corporation v. Centex Homes

May 14, 2013

TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, A CONNECTICUT CORPORATION;
FIDELITY & GUARANTY INSURANCE COMPANY, AN IOWA CORPORATION;
THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT, A CONNECTICUT CORPORATION,
ST. PAUL MERCURY INSURANCE COMPANY, A MINNESOTA CORPORATION,
PLAINTIFFS,
v.
CENTEX HOMES, A NEVADA PARTNERSHIP; AND DOES 1 THROUGH 10 INCLUSIVE,
DEFENDANT. AND RELATED CROSS-ACTION.



The opinion of the court was delivered by: Hon. Samuel Conti

STIPULATION TO STRIKE EXHIBIT "G" TO PLAINTIFFS' MOTION TO FIND CENTEX IN CIVIL CONTEMPT FOR FAILING TO COMPLY WITH THE COURT'S ORDER RE: MOTIONS TO SEAL FROM THE PUBLIC RECORD AND IN ITS PLACE, TO DEEM EXHIBIT "G" TO HAVE BEEN FILED UNDER SEAL Trial Date: Vacated

IT IS HEREBY STIPULATED BY AND BETWEEN Travelers Property Casualty Company of America, Fidelity & Guaranty Insurance Company, The Travelers Indemnity Company of Connecticut, and St. Paul Mercury Insurance Company (collectively, "Travelers") and Centex 2 Homes ("Centex") that: 3

RECITALS

WHEREAS on April 26, 2013, Travelers filed Its Motion to Find Centex in Civil Contempt [Dkts. 173]. 6

WHEREAS Exhibit G to the Declaration of Thomas V. Perea consisted of electronic billing 7 records from the law firm of Newmeyer & Dillion that Centex produced in discovery [Dkt. 173-1]; 8

WHEREAS these billing records were previously designated by Centex as confidential pursuant to the Stipulated Protective Order [Dkt. 69]; 10

WHEREAS the billing records were "publicly" filed by Travelers in conjunction with the Motion to Find Centex in Civil Contempt; 12

WHEREAS these billing records contain entries about ongoing litigation and Centex 13 maintains its claims that these entries are protected by attorney-client privilege and the work-14 product doctrine; 15

WHEREAS the parties met and conferred about Exhibit G after counsel for Centex notified Travelers that Exhibit G should not have been filed in the public record; 17

WHEREAS the Travelers acknowledges that it inadvertently "publicly" filed the billing 18 statement, but Travelers believes the billing statements are necessary in order for the Court to be 19 able to properly rule on Travelers' motion, 20

IT IS HEREBY STIPULATED by and between the parties, through their counsel, that

1. Exhibit G to Travelers' motion is deemed stricken from the public record;

2. The Court will instruct the Clerk to remove Exhibit G from the public record; and

3. In its place, Exhibit G will be deemed to have been filed under seal with the Court pursuant to ΒΆ 12.3 of ...


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