King County v Travelers Indemnity Company et al

Filing 785

STIPULATION ADN ORDER of Dismissal with Prejudice re parties' 784 Stipulated Motion. King County's claims against Wausau, and Wausau's counterclaim against King County, in the above-captioned matter are dismissed with prejudice, and without an award of fees or costs to either party. This Order does not affect the remaining claims of King County in its Fourth Amended Complaint against any other defendant. Signed by Judge Barbara J. Rothstein. (TH)

Honorable Barbara J. Rothstein

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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KING COUNTY, a Washington municipal
corporation,

No.: 2:14-cv-01957 BJR

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Plaintiff,
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STIPULATED MOTION AND ORDER
OF DISMISSAL WITH PREJUDICE

v.
Note On Motion Calendar: May 24, 2019

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TRAVELERS INDEMNITY COMPANY;
et al.,

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Defendants.

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Pursuant to F.R.C.P. 41(a)(1)(A)(ii), and following the Court’s Order Granting Employers

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Insurance of Wausau’s Sealed Motion for Order Approving Settlement and Barring Contribution

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Claims (Dkt. 777), plaintiff, King County, and defendant, Employers Insurance of Wausau, formerly

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known as Employers Mutual Liability Insurance Company of Wisconsin (“Wausau”), acting by and

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through their respective undersigned counsel of record, hereby stipulate that King County’s claims

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against Wausau, and Wausau’s counterclaim against King County, in the above-captioned matter,

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under Wausau policy nos. 2325-00-034044 and 2335-00-034044, are dismissed with prejudice, and

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without an award of fees or costs to either party. This stipulation does not affect the remaining

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claims of King County in its Fourth Amended Complaint against any other defendant.

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AGREED AND STIPULATED.

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STIPULATED MOTION AND ORDER OF DISMISSAL WITH
PREJUDICE - 1
NO.: 2:14-CV-01957
502249203 v4

K&L GATES LLP
925 FOURTH AVENUE, SUITE 2900
SEATTLE, WA 98104-1158
TELEPHONE: [phone]
FACSIMILE: [phone]

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RESPECTFULLY SUBMITTED this 24th day of May, 2019.
By /s/ John C. Bjorkman
John C. Bjorkman, WSBA #13426
K&L Gates LLP
925 Fourth Avenue, Suite 2900
Seattle, Washington 98104
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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Michael J. Lynch (admitted pro hac vice)
Paul E. Del Vecchio (admitted pro hac vice)
Douglas J. Simmons (admitted pro hac vice)
John M. Hagan (admitted pro hac vice)
K&L Gates LLP
210 Sixth Avenue
Pittsburgh, PA 15222
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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Attorneys for King County

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By /s/ Bryan M. Barber
Mark A. Horey, WSBA #33558
Law Office of Elizabeth G. Smith
1730 Minor Avenue, Suite 1130
Seattle, WA 98101
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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Bryan M. Barber (admitted pro hac vice)
Laurie E. Barber
Barber Law Group
525 University Avenue, Suite 600
Palo Alto, CA 94301
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Defendant Employers Insurance of
Wausau

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STIPULATED MOTION AND ORDER OF DISMISSAL WITH
PREJUDICE - 2
NO.: 2:14-CV-01957
502249203 v4

K&L GATES LLP
925 FOURTH AVENUE, SUITE 2900
SEATTLE, WA 98104-1158
TELEPHONE: [phone]
FACSIMILE: [phone]

ORDER

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Pursuant to F.R.C.P. 41(a)(1)(A)(ii), and following the Court’s Order Granting Employers

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Insurance of Wausau’s Sealed Motion for Order Approving Settlement and Barring Contribution

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Claims (Dkt. 777), King County’s claims against Wausau, and Wausau’s counterclaim against King

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County, in the above-captioned matter, under Wausau policy nos. 2325-00-034044 and 2335-00-

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034044, are dismissed with prejudice, and without an award of fees or costs to either party.

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This Order does not affect the remaining claims of King County in its Fourth Amended
Complaint against any other defendant.

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DATED this 29th day of May, 2019.
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A

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Barbara Jacobs Rothstein
U.S. District Court Judge

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STIPULATED MOTION AND ORDER OF DISMISSAL WITH
PREJUDICE - 3
NO.: 2:14-CV-01957
502249203 v4

K&L GATES LLP
925 FOURTH AVENUE, SUITE 2900
SEATTLE, WA 98104-1158
TELEPHONE: [phone]
FACSIMILE: [phone]