Probuilders Specialty Insurance Company, RRG v. Lone Oak Construction, Inc et al

Filing 20

STIPULATED ORDER TO STAY CASE WITH LIMITED MUTUAL DISCOVERY: (Granting, in part, Defendants' Motion to Dismiss or Stay or, in the Alternative, For a More Definite Statement 6 ; Granting the parties' Stipulated Motion for Stay 19 .) Signed on 5/3/13 by Magistrate Judge Dennis J. Hubel. (kb)

Tyson L. Calvert, OSB #032809
Email: [e-mail]
Gavin W. Bruce, OSB # 113384
Email: [e-mail]
LINDSAY HART, LLP
1300 SW Fifth Avenue, Suite 3400
Portland, Oregon 97201-5640
Phone: [phone]
Fax: [phone]
Attorneys for Plaintiff

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION

PROBUILDERS SPECIALTY INSURANCE
COMPANY, RRG, a District of Columbia Risk
Retention Group,
Plaintiff,

Case No. 3:13-cv-00318-HU
STIPULATED MOTION AND ORDER
TO STAY CASE WITH LIMITED
MUTUAL DISCOVERY

v.
LONE OAK CONSTRUCTION, an inactive
Oregon cm·poration; and MSCI 2007-IQ13
GRESHAM COMPLEX, LLC, an Oregon
limited liability company,
Defendants.
A dispute exists between Plaintiff ProBuilders Specialty Insurance Company, RRG
("Plaintiff'') and Defendant MSCI 2007-IQ13 Gresham Complex, LLC ("Defendant Gresham
Complex") as to whether there exists grounds to stay or dismiss this case without prejudice pending
resolution of MSCI 2007-IQ13 Gresham Complex, LLC v. Myhre Group Architects, Inc., et. a!.,
Multnomah County Circuit Coutt Case No. 1201-01319 ("Underlying Lawsuit") that gives rise to
this coverage lawsuit. On March 29, 2013, Gresham Complex moved to dismiss or stay in the case
or, in the altemative, for a more definite statement. There parties have thereafter had additional
Page 1- STIPULATED MOTION AND
ORDER TO STAY CASE WITH LIMITED
MUTUAL DISCOVERY {00650176; I}

LINDSAYHART,LLP

discussions, to resolve the issues between them so as to make efficient use of their own resources
and those of the Comt. 1 Based on those discussions, counsel for Plaintiff and Defendant Gresham
Complex have agreed to present the stipulation for a stay set fmth below to the Comt and move the
Comt to enter their stipulated motion
STIPULATED MOTION

PLAINTIFF AND DEFENDANT GRESHAM COMPLEX DO HEREBY STIPULATE AND
MOVE THE COURT AS FOLLOWS:
WHEREAS, on Februmy 22, 2013, Plaintiff ProBuilders filed the instant action seeking
declaratory relief that cettain insurance policies it issued to Defendant Lone Oak, do not include a
duty, or an obligation, to defend or indemnizy Defendant Lone Oak in the Underlying Lawsuit;
WHEREAS, the Underlying Lawsuit relates, in pmt, to Defendant Lone Oak's activities as a
contractor at a project known as The Crossings at Gresham Station, which is the subject matter of
the Underlying Lawsuit. In patticular, Defendant Gresham Complex claims various allegations
against Defendant Lone Oak related to its responsibility for the construction of The Crossings;
WHEREAS, Defendant Lone Oak tendered the claims raised by Defendant Gresham
Complex to Plaintiff for defense and indemnity, and Plaintiff accepted the defense subject to a
reservation of rights;
WHEREAS, in response to Plaintiffs complaint, Defendant Gresham Complex brought a
motion to dismiss/motion to stay this lawsuit;
WHEREAS, counsel for Plaintiff and Defendant Gresham Complex have met and conferred
and reached an agreement as to the resolution of said motion;
WHEREFORE, in the interests of conservation ofjudicial resources and those of the parties
and for good cause Plaintiff and Defendant Gresham Complex agree that the Comt shall enter an
order (I) staying the complaint filed by Plaintiff as against Defendant Gresham Complex and
1

Defendant Lone Oak Construction, Inc. ("Defendant Lone Oak") has not appeared in this case but would be

subject to the stipulated stay with limited discovery order.

Page 2- STIPULATED MOTION AND
ORDER TO STAY CASE WITH LIMITED
MUTUAL DISCOVERY (00650176; t}

LINDSAY HART, LLP

Defendant Lone Oak until 30 days after judgment is entered (either as a result of an order, verdict,
or settlement) in the Underlying Lawsuit; and (2) allowing limited mutual discovery during the
pendency of the stay related to the application, underwriting, issuance and sale of the ProBuilders'
insurance policies which may include (i) the issuance of subpoenas to third parties and (ii)
document discovery of the parties.

The patties may seek fmther expansion of these limited

discovery measures during the pendency of this stay by stipulation or leave of the comt.
Dated this 261h day of April, 2013.

LINDSAY HART, LLP
s/ Tyson L. Calvert

By:

~T~y-so-n~L~.~C~a'lv-ert~,~O~S~B~N~o-.0~3~2~80~9~-------------

[e-mail]
Gavin W. Bruce, OSB No. 113384
[e-mail]
Attorneys for Plaintiff

STOEL RIVES

LLP

s/ Scott J. Kaplan

SCOTT J. KAPLAN, OSB No. 913350
[e-mail]
LOUIS A. FERREIRA, IV, OSB No. 902602
[e-mail]
Telephone: [phone]
Attorneys for Defendant Gresham Complex
IT IS SO ORDERED this '3P.!l> day

of_LM---'L>._>q-f--~-·· \
20 13~ \

~

Honorab~t~-Iubel
U.S. Dis1!:9agistrate Judge
Page 3- STIPULATED MOTION AND
ORDER TO STAY CASE WITH LIMITED
MUTUAL DISCOVERY {00650176; I}

LINDSAY HART, LLP

CERTIFICATE OF SERVICE
In addition to the electronic filing and service of this document through the CMIECF system
of the U.S. District Court, I hereby certifY that on April 26, 2013, I served a copy of the
STIPULATED MOTION FOR STAY OF THE CASE WITH LIMITED MUTUAL DISCOVERY
on the following person in the manner indicated below at the following address:
M. Patton Echols
Attorney at Law
P.O. Box 1768
Gresham OR 97030
Attomey for Defendant Lone Oak Construction

D
D
[8J

D
D

by Electronic Mail
by Facsimile Transmission
by First Class Mail
by Hand Delivery
by Overnight Delivery

s/ Tyson L. Calvert
By:

~--~~--~~~~~~~-------------

Tyson L. Calvett, OSB No. 032809
[e-mail]
Gavin W. Bruce, OSB No. 113384
[e-mail]
Attomeys for Plaintiff

CERTIFICATE OF SERVICE

LINDSAY HART, LLP
1300 SW FIFTH A VENUE, SUITE 3400
PORTLAND, OREGON 97201-5640
PHONE: [phone] FAX: [phone]