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)

Download PDF
1 2 3 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 4 5 6 7 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff, 8 v. C13-1901 TSZ MINUTE ORDER 9 TRI-STATE CONSTRUCTION INC, 10 Defendant. 11 The following Minute Order is made by direction of the Court, the Honorable 12 Thomas S. Zilly, United States District Judge: 13 14 15 16 17 (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. 18 (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. 20 (3) The Clerk is directed to send a copy of this Minute Order to all counsel of record. 21 22 23 MINUTE ORDER - 1 1 Dated this 4th day of February, 2015. 2 William M. McCool Clerk 3 s/Claudia Hawney Deputy Clerk 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 MINUTE ORDER - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?