UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
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,
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
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 ¶ 12.3 of the Stipulated Protective Order.
IT IS SO STIPULATED.
Dated: May 9, 2013 THE AGUILERA LAW GROUP, APLC 3 4 2 By: /s/ Thomas V. Perea___________________________ A. Eric Aguilera Kari M. Myron 5 Thomas V. Perea Attorneys for plaintiffs and counter- defendants 6 7 Travelers Property Casualty Company of America, 8 Fidelity & Guaranty Insurance Company, The Travelers Indemnity Company of Connecticut, and St. 9 Paul Mercury Insurance Company Dated: May 15, 2013 PAYNE & FEARS, LLP 11 12 10 By: /s/ Jeffrey M. Hayes___________________________ Scott S. Thomas J. Kelby Van Patten 13 14 Jeffrey M. Hayes, Esq. Attorneys for defendant and cross-complainant, CENTEX HOMES
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Hon. Samuel Conti Judge, United States District Court
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