Berkley Assurance Company v. Inland Washington LLC et al

Filing 24

ORDER RE: DISMISSAL; granting 21 Motion to Dismiss. FILE CLOSED. Signed by Judge Stanley A Bastian. (AN, Courtroom Deputy) (Main Document 24 replaced on 5/2/2019: added file stamp) (AN, Courtroom Deputy). Modified on 5/2/2019 (AN, Courtroom Deputy).

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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May 02, 2019

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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10 BERKLEY ASSURANCE

No. 2:18-cv-00176-SAB

11 COMPANY,
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Plaintiff,

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ORDER RE: DISMISSAL

v.

14 INLAND WASHINGTON, LLC; and
15 RS CONSTRUCTION &
16 EXCAVATION, INC.,
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Defendants.
The Court held a teleconference in this matter on May 2, 2019. Daniel

19 Benson appeared on behalf of Plaintiff and John Guin appeared on behalf of
20 Defendant Inland Washington, LLC (Inland). Pending before the Court was the
21 parties’ Stipulated Motion to Dismiss All Claims With Prejudice, ECF No. 21.
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Plaintiff and Defendant Inland stipulated that Plaintiff’s claim for

23 declaratory relief and Inland’s counterclaims, including but not limited to all
24 contractual and extra-contractual claims, are fully compromised and should be
25 dismissed with prejudice and without an award of costs or fees to any party.
26 During the teleconference, Plaintiff clarified that its claims against Defendant RS
27 Construction & Excavation Inc. should also be dismissed. Accordingly, the Court
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ORDER RE: DISMISSAL ^ 1

1 finds good cause to grant the parties’ stipulated motion, dismiss the above2 captioned matter, and close the file.
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Accordingly, IT IS ORDERED:

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1. The parties’ Stipulated Motion to Dismiss All Claims With Prejudice,

5 ECF No. 21, is GRANTED.
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2. Plaintiff’s claim for declaratory relief and Defendant Inland’s

7 counterclaims, including but not limited to all contractual and extra-contractual
8 claims, shall be dismissed with prejudice and without an award of costs or fees to
9 any party.
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3. Plaintiff’s claims against Defendant RS Construction & Excavation Inc.

11 shall be dismissed with prejudice.
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IT IS SO ORDERED. The District Court Clerk is hereby directed to enter

13 this Order, provide copies to counsel, and close the file.
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DATED this 2nd day of May 2019.

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Stanley A. Bastian

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United States District Judge

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ORDER RE: DISMISSAL ^ 2