United States District CourtFor the Northern District of California1
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
LIBERTY MUTUAL INSURANCE
COMPANY, a Massachusetts corporation,
Plaintiff,
v.
HENRY D. HOGE, an individual; DONA P.
HOGE, an individual; HAROLD K. SPENCE,
an individual; JOHN H. MANSPERGER, an
individual; CLARENCE S. WEBER, an
individual; HILDA S. WEBER, an individual;
HENRY D. HOGE and DONA P. HOGE
FAMILY TRUST, a trust; HENRY D. HOGE,
a trustee; DONA P. HOGE, a trustee; and
DOES 1–50,
Defendants and
Counterclaimants.
/
No. C 02-02171 WHA
ORDER RESOLVING
REMANDED ISSUE
Upon remand from the Ninth Circuit, the Court previously ordered the parties to
recalculate the aggregate amount of funds necessary to pay only pre-judgment (and not
post-judgment) attorney’s fees and litigation costs as necessaries for support under California
Civil Procedure Code § 487.020. In light of the global settlement agreement in the related
litigation (Case No. 03-2502), resolving all outstanding issues, it is unnecessary for the parties
to engage in any retrospective accounting of such funds. An aggregate amount based on the
prior estimates of Special Master Thomas Klitgaard would be sufficient. The parties shall
submit a proposed order by OCTOBER 5, 2005.
Case 3:02-cv-02171-WHA Document 522 Filed 09/30/2005 Page 1 of 2
Liberty Mutual Insurance Company v. Hoge et al
Doc. 522
Dockets.Justia.com
United States District CourtFor the Northern District of California1
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In any event, the Court recognizes that the issue is likely moot because the Hoge
defendants specifically released and waived all rights granted under the Order of Exemption as
part of the global settlement agreement.
IT IS SO ORDERED.
Dated: September 30, 2005