King County v Travelers Indemnity Company et al

Filing 835

STIPULATION AND ORDER of Dismissal With Prejudice re parties' 833 Stipulated Motion. King County's claims against Affiliated FM, and Affiliated FM's defenses against King County, under Affiliated FM policy no. 71552, are dismissed with prejudice, and without an award of fees or costs to either party. Signed by Judge Barbara J. Rothstein. (SWT)

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.
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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 Defendant

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Affiliated FM Insurance Company’s Motion for Order Approving Settlement and Barring Claims

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(Dkt. 826), plaintiff, King County, and defendant, Affiliated FM Insurance Company (“Affiliated

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FM”), acting by and through their respective undersigned counsel of record, hereby stipulate that

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King County’s claims against Affiliated FM, and Affiliated FM’s defenses against King County, in

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the above-captioned matter, under Affiliated FM policy no. 71552, are dismissed with prejudice, and

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without an award of fees or costs to either party. The parties respectfully request this Court retain

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jurisdiction over this matter for the limited purpose of enforcement of the terms of the Settlement

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Agreement and Release and Arbitration Protocol between King County and Affiliated FM until the

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agreed arbitration is completed and the settlement payment is made. The King County and

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Affiliated FM fully expect that this process will be completed during the First Quarter of 2020.

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

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

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This stipulation does not affect the remaining claims of King County in its Fourth Amended

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Complaint against any other defendant.

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AGREED AND STIPULATED.

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RESPECTFULLY SUBMITTED this 16th day of September, 2019.

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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)
K&L Gates LLP
210 Sixth Avenue
Pittsburgh, PA 15222
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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Attorneys for King County

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By /s/ Michael P. Hooks
Michael P. Hooks
Bracepoint Law, P.S.
2775 Harbor Avenue SW, Suite D
Seattle, WA 98126
Tel: [phone]

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Scott M. Seaman
John E. DeLascio
Hinshaw & Culbertson LLP
151 North Franklin Street, Suite 2500
Chicago, IL 60606
Email: [e-mail]
Email: [e-mail]

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Attorneys for Affiliated FM Insurance Company

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

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 Defendant

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Affiliated FM Insurance Company’s Motion for Order Approving Settlement and Barring Claims

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(Dkt. 826), King County’s claims against Affiliated FM, and Affiliated FM’s defenses against King

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County, in the above-captioned matter, under Affiliated FM policy no. 71552, are dismissed with

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prejudice, and without an award of fees or costs to either party.

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This Order does not extinguish this Court’s jurisdiction over this matter for purposes of

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enforcement of the terms of the confidential Settlement Agreement and Release and Arbitration

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Protocol between King County and Affiliated FM.

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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 17th day of September, 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

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