King County v Travelers Indemnity Company et al

Filing 701

ORDER granting the parties' 700 Stipulated motion regarding deadlines to answer Plaintiff's Fourth Amended Complaint (see order for details). Signed by Judge Barbara J. Rothstein. (PM)

The Honorable Barbara J. Rothstein

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8
9

KING COUNTY, a Washington municipal
corporation,
No. 2:14-CV-01957-BJR
Plaintiff,

10
v.
11

TRAVELERS INDEMNITY COMPANY, et al.,

ORDER GRANTING STIPULATED
MOTION REGARDING
DEADLINE TO ANSWER FOURTH
AMENDED COMPLAINT

Defendants.

12
13
14

The Court hereby grants the parties’ stipulated motion regarding deadlines to answer

15

Plaintiff’s Fourth Amended Complaint, and orders the following:

16

1.

Each insurer defendant shall have 30 days from the filing of the Fourth

17

Amended Complaint to file its answer, affirmative defenses, cross-claims and/or counterclaims

18

to the Fourth Amended Complaint; or

19

2.

Without taking any further action within 35 days from the filing of the Fourth

20

Amended Complaint, an insurer defendant shall be deemed to have elected to rely on its

21

answer, affirmative defenses, cross-claims and/or counterclaims to the Third Amended

22

Complaint (“Third Amended Complaint Answer”) in which case the Third Amended

23

Complaint Answer will be deemed an answer, affirmative defenses, crossclaims and/or

24

counterclaim to the Fourth Amended Complaint.
ORDER RE: STIPULATION REGARDING DEADLINE
TO ANSWER FOURTH AMENDED COMPLAINT - 1
(NO. 2:14-CV-01957-BJR)

1

3.

In the event that an insurer defendant elects to rely on its Third Amended

2

Complaint Answer, without taking any further action, King County shall be deemed to have

3

elected to rely on its answer and affirmative defenses filed in response to any counterclaims

4

filed by that insurer in response to the Third Amended Complaint, as if fully stated, which shall

5

be deemed to be King County’s answer and affirmative defenses to that insurer defendant’s

6

counterclaim.

7

4.

In an effort to simplify this matter and avoid burdening the Court’s file with

8

multiple additional pleadings, each Defendant that has filed or later files an answer to the First,

9

Second, Third, Fourth or further Amended Complaint shall be deemed to have filed a Cross-

10

Claim for declaratory relief, equitable contribution and/or indemnity against each and every

11

Defendant, unless otherwise specifically indicated by a Defendant in its Answer. In response to

12

any actual or deemed Cross-Claim, each Defendant is further deemed to have filed an Answer

13

denying the allegations and also asserting applicable affirmative defenses, including, but not

14

limited to, those that are set forth in its Answer to the First Amended Complaint filed by

15

Plaintiffs. No further pleadings are necessary to assert an Answer and all applicable

16

affirmative defenses to the actual or deemed Cross-Claim.

17

DATED: August 28, 2018.

A

Barbara Jacobs Rothstein
U.S. District Court Judge

18
19
22

ORDER RE: STIPULATION REGARDING DEADLINE
TO ANSWER FOURTH AMENDED COMPLAINT - 2
(NO. 2:14-CV-01957-BJR)