Fisher Communications, Inc. v. Travelers Property Casualty Company of America

Filing 65

MINUTE ORDER by Judge Thomas S. Zilly, United States District Judge; Pltf's and Third-Party Defts' 58 unopposed motion to continue trial is GRANTED. The current trial date of 5/6/2013, and all related deadlines are STRICKEN. Deft's 53 motion for summary judgment is STRICKEN without prejudice. Discovery shall be completed by 4/12/2013, and Deft/third-party pltf shall file its dispositive motion by 4/25/2013. (TF)

1
2
3
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

4
5
6

FISHER COMMUNICATIONS, INC.,
Plaintiff,

7
8
9

v.
TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA,

10
11
12

Defendant,

C11-1225 TSZ
MINUTE ORDER

v.
CERTAIN UNDERWRITERS AT
LLOYD’S, et al.,

13

Third-Party Defendants.

14
The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
15
(1)
Plaintiff’s and Third-Party Defendants’ unopposed motion to continue trial,
docket no. 58, is GRANTED as follows. The current trial date of May 6, 2013, and all
17 related deadlines are STRICKEN.
16

(2)
Defendant’s motion for summary judgment, docket no. 53, is STRICKEN
without prejudice. By Order entered September 4, 2012, docket no. 43, the Court granted
in part defendant’s motion for partial summary judgment and held as a matter of law that
19
plaintiff’s damages resulting from fire and water were not covered under the named-peril
(boiler and machinery or equipment breakdown) policy at issue. The Court further
20
directed the parties to file a joint status report indicating what, if any, issues remain for
trial in this matter. In their Joint Status Report, docket no. 47, the parties outlined the
21
following issues: (i) whether the policy at issue contains “a special grant of coverage for
water damage” up to $250,000; (ii) whether defendant made payments to plaintiff for loss
22
18

23
MINUTE ORDER - 1

1 also covered by third-party defendants and is entitled to reimbursement; and (iii) whether
third-party defendants’ defenses that defendant lacks standing, waived its claim, or acted
2 as a volunteer operate to preclude defendant from such reimbursement. The Joint Status
Report further indicated that plaintiff would dismiss its claims under the Washington
3 Consumer Protection Act and Insurance Fair Conduct Act (Second and Fourth Causes of
Action), see also Stip. & Order (docket no. 50) (dismissing such claims), but the Joint
4 Status Report was silent as to whether plaintiff intended to pursue its claim for a
declaratory judgment that “Travelers must pay Fisher for all insured loss, damage and
5 expense attributable to arcing subject only to set off for amounts previously paid by
Travelers and the 50% pro-rata share of the loss that is found to be insured jointly by
6 Fisher’s Fire Policy and the Travelers Policy.” First Am. Compl. at ¶ 38(iii) (docket
no. 17). In its current motion for summary judgment, defendant addresses only the first
7 issue described in the Joint Status Report. Thus, whether granting defendant’s motion
would obviate the need for a trial in this matter remains unclear. Moreover, in response
8 to defendant’s motion, plaintiff has raised issues not set forth in the Joint Status Report
but perhaps within the scope of the claim for declaratory relief summarized above. In its
9 reply, defendant asserts that third-party defendants as plaintiff’s subrogees waived the
declaratory relief issues by not including them in the Joint Status Report, and that such
10 issues “should be litigated in the third-party contribution action.” Reply at 2 (docket
no. 63). The Court, however, has not bifurcated the first-party and third-party claims for
11 purposes of trial, and to the extent that all such claims can be resolved by way of motions
practice, each side should present its arguments in one consolidated dispositive motion.
12 See Local Civil Rule 7(e)(3).
13
14
15
16
17
18
19
20
21

(3)

In light of the foregoing, the Court SETS the following deadlines:
(a)

Discovery shall be completed by April 12, 2013;

(b)
Defendant/third-party plaintiff shall file its dispositive motion on or
before April 25, 2013, and shall note such motion for consideration on June 7,
2013;
(c)
Plaintiff/third-party defendants shall file a consolidated response to
defendant/third-party plaintiff’s dispositive motion and any cross-motion on or
before May 13, 2013, and shall note the cross-motion for consideration on June 7,
2013;
(d)
Defendant/third-party plaintiff shall file a consolidated reply in
support of its motion and response to plaintiff/third-party defendants’ crossmotion, if any, on or before June 3, 2013;
(e)
Plaintiff/third-party defendants shall file a reply in support of their
cross-motion, if any, on or before June 7, 2013.

22
23
MINUTE ORDER - 2

(4)
If a party’s dispositive motion does not seek to resolve all remaining claims
in this matter, then such motion shall be denominated as a motion (or cross-motion) for
2 partial summary judgment. The Court will set a trial date and related deadlines, if
appropriate, after it rules on the parties’ dispositive motions.
3
(5)
The Clerk is directed to send a copy of this Minute Order to all counsel of
4 record.
1

5

Dated this 28th day of February, 2013.
William M. McCool
Clerk

6
7

s/Claudia Hawney
Deputy Clerk

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
MINUTE ORDER - 3