Oswalt et al v. Resolute Industries Inc

Filing 43

STIPULATION AND ORDER: mediation deadline is continued until 10 days following the Court's ruling on the parties' pending motion for summary judgment; signed by Judge Marsha J. Pechman. (SC)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 v. WEBASTO PRODUCTS NA, INC., Third Party Defendant. v. RESOLUTE INDUSTRIES, INC., Defendant,

THE HONORABLE MARSHA J. PECHMAN

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE CURTIS OSWALT and FEDERAL INSURANCE CO., Plaintiffs, IN ADMIRALTY NO. C08-1600 MJP STIPULATED MOTION AND ORDER RE EXTENDING MEDIATION DEADLINE

Note for Consideration: Friday, January 15, 2010

The parties hereby stipulate and move the Court to extend the mediation date until after the Court rules on Third Party Defendant Webasto's pending motion for summary judgment. A bench trial in this case is scheduled for March 1, 2010. The case scheduling order specifies that mediation shall take place by February 1, 2010. Counsel have conducted multiple discussions about settlement during the course of the case. However, no progress has been made toward resolving the case due to positions taken regarding the issues involved in Third Party
STIPULATED MOTION AND ORDER RE EXTENDING MEDIATION DEADLINE (08-1600 MJP) - 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Defendant Webasto's pending motion for summary judgment. Webasto and Resolute do not believe mediation can be successful prior to a ruling on this motion. For these reasons the parties stipulate to moving the mediation date until after the Court rules on Webasto's summary judgment motion. The parties agree and respectfully request the Court to enter an Order amending the case schedule to require mediation within ten (10) days of entry of said ruling. DATED this 15th day of January, 2010. GASPICH & WILLIAMS PLLC By: s/Anthony J. Gaspich Anthony J. Gaspich, WSBA #19300 Attorneys for Plaintiffs Curtis Oswalt and Federal Insurance Company 1809 Seventh Avenue, Suite 609 Seattle, WA 98101 Telephone: [phone] Facsimile: [phone] Email: [e-mail] BULLIVANT HOUSSER BAILEY PC By: s/Troy D. Greenfield Troy D. Greenfield, WSBA # 21578 Bree H. Kame'enui-Ramirez, WSBA #34445 Atttorneys for Third Party Defendant Webasto Products, NA, Inc. 1601 Fifth Avenue, Suite 2300 Seattle, WA 98101 Telephone: [phone] Facsimile: [phone] Email: [e-mail] MORAN WINDES & WONG By: s/Dennis Moran Dennis Moran, WSBA # 19999 Attorneys for Defendant/Third Party Plaintiff Resolute Industries, Inc. 5608 17th Avenue W. Seattle, WA 98107 Telephone: [phone] Facsimile: [phone] Email: [e-mail]

STIPULATED MOTION AND ORDER RE EXTENDING MEDIATION DEADLINE (08-1600 MJP) - 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 By: s/Anthony J. Gaspich Anthony J. Gaspich, WSBA #19300 Attorneys for Plaintiffs Curtis Oswalt and Federal Insurance Company 1809 Seventh Avenue, Suite 609 Seattle, WA 98101 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Presented by: GASPICH & WILLIAMS PLLC the pending motion for summary judgment.

ORDER The parties having stipulated to amend the case scheduling order to extend the mediation date until after the Court enters a decision on Third Party Defendant Webasto's motion for summary judgment, and good cause existing therefore, IT IS SO ORDERED. Mediation shall take place within ten (10) days following entry of the Court's Order on

DATED this _25th_ day of _January__, 2010.

Marsha J. Pechman United States District Judge

A

STIPULATED MOTION AND ORDER RE EXTENDING MEDIATION DEADLINE (08-1600 MJP) - 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Approved as to form; notice of presentation waived. MORAN WINDES & WONG By: s/Dennis Moran Dennis Moran, WSBA # 19999 Attorneys for Defendant/Third Party Plaintiff Resolute Industries, Inc. 5608 17th Avenue W. Seattle, WA 98107 Telephone: [phone] Facsimile: [phone] Email: [e-mail] BULLIVANT HOUSSER BAILEY PC By: s/Troy D. Greenfield Troy D. Greenfield, WSBA # 21578 Bree H. Kame'enui-Ramirez, WSBA # 34445 Atttorneys for Third Party Defendant Webasto Products, NA, Inc. 1601 Fifth Avenue, Suite 2300 Seattle, WA 98101 Telephone: [phone] Facsimile: [phone] Email: [e-mail]

STIPULATED MOTION AND ORDER RE EXTENDING MEDIATION DEADLINE (08-1600 MJP) - 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

CERTIFICATE OF SERVICE I hereby certify that on January 15, 2010, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF, which will send notification of such filing to the following: Dennis Moran, [e-mail]; Troy D. Greenfield, [e-mail] Dated this 15th day of January, 2010.

s/Sibel Yasarturk Sibel Yasarturk

STIPULATED MOTION AND ORDER RE EXTENDING MEDIATION DEADLINE (08-1600 MJP) - 5