Lexington Insurance Company v. Langei

Filing 278

MINUTE ORDER re oral arguments of counsel at a hearing held on 02/09/2016, Dep. Clerk: Gail Glass; CR: Debbie Zurn; Port's Counsel: Katie Matison, Frank Chmelik; Estates' Counsel: Emma Gillespie, Mark Wilkerson; The Port's motion for spoliation remedies, docket no. 205 , and Elite's joinder in the Port's motion, docket no. 221 , are DENIED in part as to the remedy of dismissal of the wrongful death claim brought by the Langei Estate, and DEFERRED in part as to alternative sanctions; The Estates' motion for spoliation remedies, docket no. 232 , is DENIED; The Court will issue a separate order explaining its reasoning, by Judge Thomas S. Zilly. (AD)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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LEXINGTON INSURANCE COMPANY; and
PORT OF BELLINGHAM,

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Plaintiffs,
v.
ROBERT J. LANGEI, as Personal Representative
of the Estate of Jim (James) A. Langei; and
LORA MOREN, as Personal Representative of
the Estate of Sterling Taylor,

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C12-946 TSZ

Defendants,
v.

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DUTRA CONSTRUCTION CO., INC.; and
ELITE ELECTRICAL CONTRACTORS INC.,

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Third-Party Defendants.

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In re DAVID L. PETERSON; DAVID D.
CAHALAN, et al.; ROGER G. SMITH, et al.;
RANDLE CARR; DANIEL RINGLER;
STEVEN ERSHIG; WILLIAM DODGE, et al.;
MICHAEL F. ROBERTS, et al.; ALLAN S.
TROUPIN; KRIS AAMOT as Personal
Representative of the Estate of Allyn C. Deets;
and ROGER SCHJELDERUP, et al.

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C12-1829 TSZ
MINUTE ORDER

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Having heard the oral arguments of counsel at a hearing held on February 9, 2016,
at which (i) the Port of Bellingham (the “Port”) was represented by Frank Chmelik, Seth
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MINUTE ORDER - 1

1 Electrical Contractors Inc. (“Elite”) was represented by Suzanne Michael, and (iii) the
Estates of Jim Langei and Sterling Taylor, the Personal Representative of which are
2 Robert Langei and Lora Moren, respectively (the “Estates”), were represented by Emma
Gillespie, Mark Wilkerson, and Eric Gillett, the Court enters the following Minute Order:
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(1)
The Port’s motion for spoliation remedies, docket no. 205, and Elite’s
4 joinder in the Port’s motion, docket no. 221, are DENIED in part as to the remedy of
dismissal of the wrongful death claim brought by the Langei Estate, and DEFERRED in
5 part as to alternative sanctions.
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(2)

The Estates’ motion for spoliation remedies, docket no. 232, is DENIED.

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(3)

The Court will issue a separate order explaining its reasoning.

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(4)
of record.

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The Clerk is DIRECTED to send a copy of this Minute Order to all counsel

Dated this 11th day of February, 2016.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2