Northwest Pipe Company v. RLI Insurance Company et al

Filing 369

ORDER: The Court GRANTS Wausau's Motion 366 for Joinder and GRANTS in part RLI's Motion 365 to Dismiss or Stay. The Court STRIKES all current case-management dates and STAYS this action until 60 days after the Ninth Circuit Cou rt of Appeals issues a mandate in Ninth Circuit Case No. 14-35542 or further order of this Court. The parties shall file a single, joint status report outlining the parties' proposals for the next steps in this case within 60 days of the Ninth Circuit's mandate. The parties shall also file a joint status report if any significant developments that affect this action occur in the interim. The Court DENIES in part RLI's Motion to the extent RLI seeks dismissal of this matter. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

NORTHWEST PIPE COMPANY, fka
NORTHWEST PIPE & CASING COMPANY,
an Oregon corporation,
Plaintiff,

v.
RLI INSURANCE COMPANY, an
Illinois corporation, and
EMPLOYERS INSURANCE COMPANY
OF WAUSAU, a Wisconsin
corporation,
Defendants.

EMPLOYERS INSURANCE COMPANY
OF WAUSAU, a Wisconsin
corporation,
Counter-Claimant,
v.
NORTHWEST PIPE COMPANY, fka
NORTHWEST PIPE & CASING COMPANY,
an Oregon corporation,
Counter-Defendant.

1 - ORDER

3:09-CV-01126-BR
ORDER

RLI INSURANCE COMPANY, an
Illinois corporation,
Third-Party Plaintiff,

v.
ACE FIRE UNDERWRITERS INSURANCE
COMPANY, a PennsylvanLa company,
and ACE PROPERTY AND CASUALTY
INSURANCE COMPANY, a Pennsylvania
company,
Third-Party Defendants.

BROWN, Judge.
This matter comes before the Court on RLI Insurance
Company's Motion (#365) to Dismiss or Stay and Employers
Insurance Company of Wausau's Motion (#366) for Joinder to RLI's
Motion.

The Court GRANTS Wausau's Motion (#366) for Joinder.

Having considered the parties' arguments and in the exercise
of the Court's case-management discretion, the Court concludes a
stay of this action until the conclusion of RLI's appeal taken
from this Court's partial Judgment (#3Q8) is appropriate.
Staying this case serves the purposes of judicial economy and
avoids potentially wasteful expenditure of the parties'
resources.

Moreover, no party will be unduly prejudiced by this

stay in light of the modest sum remaining in controversy.

2 - ORDER

CONCLUSION

For these reasons, the Court GRANTS in part RLI's Motion
(#365) to Dismiss or Stay as follows:
The Court STRIKES all current case-management dates and
STAYS this action until 60 days after the Ninth Circuit Court of

Appeals issues a mandate in Ninth Circuit Case No. 14-35542 or
further order of this Court.

The parties shall file a single,

joint status report outlining the parties' proposals for the next
steps in this case within 60 days of the Ninth Circuit's mandate.
The parties shall also file a joint status report if any
significant developments that affect this action occur in the
interim.
The Court DENIES in part RLI's Motion to the extent RLI
seeks dismissal of this matter.
IT IS SO ORDERED.
DATED this 6th day of March, 2015.

United States District Judge

3 - ORDER