Travelers Casualty and Surety Company of America v. Tri-State Construction Inc

Filing 68

MINUTE ORDER Denying Plaintiff's 64 Motion for Summary Judgment by Judge Thomas S. Zilly. Telephonic Status Conference set for Thursday, 2/12/2015 at 02:30 PM before Judge Thomas S. Zilly to determine how to address the remaining issues in this case. (LMK)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA,
Plaintiff,

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v.

C13-1901 TSZ
MINUTE ORDER

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TRI-STATE CONSTRUCTION INC,
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Defendant.
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The following Minute Order is made by direction of the Court, the Honorable
12 Thomas S. Zilly, United States District Judge:
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(1)
Plaintiff’s Motion for Summary Judgment Regarding Indemnity for
$31,160 of Costs and Expenses Above Settlement, docket no. 64, is DENIED. The party
seeking recovery of attorney fees as damages bears the burden of presenting evidence as
to the reasonableness of the amount of fees claimed. Jacob’s Medow Owners Ass’n v.
Plateau 44 II, LLC, 162 P.3d 1153, 1164 (Wash. Ct. App. 2007). Plaintiff concedes that
it must submit evidence to determine if the $31,160 represents a reasonable sum.
Plaintiff’s Reply, docket no. 67 at 1-2. Travelers has presented no evidence as to whether
the claimed fees and costs are reasonable, and thus, a genuine issue of material fact
remains. The Court also concludes that expert testimony is not required to prove the
reasonableness of the fees and costs claimed by Travelers.

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(2)
The Court schedules a telephonic status conference for Thursday, February
19 12, 2015, at 2:30 p.m. to determine how to address the remaining issues in the case.
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(3)

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

record.

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MINUTE ORDER - 1

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Dated this 4th day of February, 2015.

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William M. McCool
Clerk

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s/Claudia Hawney
Deputy Clerk

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MINUTE ORDER - 2