King County v Travelers Indemnity Company et al

Filing 839

ORDER granting National Surety Corporation's 819 Sealed Motion to Approve Settlement, Bar Claims and Dismiss Claims. The Court ORDERS that all insurer cross-claims against National Surety in this action are DISMISSED with PREJUDICE. The Cou rt further ORDERS that any other claims for contribution, allocation, subrogation, and equitable indemnity and any other cause of action in connection with this action against National Surety by any other insurers of King County are hereby BARRED. Signed by Judge Barbara J. Rothstein. (TH)

THE HONORABLE BARBARA J. ROTHSTEIN

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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF WASHINGTON

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AT SEATTLE

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KING COUNTY, a Washington municipal
corporation,

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Plaintiff,
v.
TRAVELERS INDEMNITY COMPANY, et al.,

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Defendants.

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Case No. 2:14-cv-01957-BJR
ORDER GRANTING NATIONAL
SURETY CORPORATION’S
MOTION FOR (1) ORDER
APPROVING SETTLEMENT AND
BARRING CONTRIBUTION
CLAIMS; AND (2) DISMISSAL OF
CONTRIBUTION CLAIMS
Note on Motion Calendar:
Friday, September 6, 2019

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THIS MATTER having come on for consideration before The Honorable Barbara Jacobs

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Rothstein on National Surety Corporation’s (“National Surety”) Motion For Order

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(1) Approving Settlement and Barring Contribution Claims; and (2) Dismissal of Contribution

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Claims, and the Court having considered:

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1.

National Surety’s Motion For Order (1) Approving Settlement and Barring

Contribution Claims; and (2) Dismissal of Contribution Claims;
2.

Declaration of Jodi A. McDougall; and

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ORDER GRANTING NATIONAL SURETY’S MOTION FOR
(1) ORDER APPROVING SETTLEMENT AND BARRING
CONTRIBUTION CLAIMS; AND (2) DISMISSAL OF
CONTRIBUTION CLAIMS - 1
LEGAL\42389524\1

LAW OFFICES OF

COZEN O’CONNOR
A PROFESSIONAL CORPORATION
999 THIRD AVENUE
SUITE 1900
SEATTLE, W ASHINGTON 98104

[phone]

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3.

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The Court GRANTS National Surety’s Motion For Order (1) Approving Settlement And

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Barring Contribution Claims; And (2) Dismissal Of Contribution Claims and APPROVES the

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Confidential Settlement Agreement and Release (“Settlement Agreement”) between Plaintiff

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King County and Defendant National Surety. The Court further FINDS and ORDERS:

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NOTICE of Joinder,

1.

The Settlement Agreement between King County and National Surety is

reasonable, and was the result of arm’s-length negotiations between parties represented by

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counsel. The Settlement Agreement is not collusive, inadequate, or entered into for any other
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improper purpose.
2.

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The non-settling insurers are adequately protected based on, among other things,

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the terms of the Settlement Agreement, the non-settling insurers’ retention of their coverage

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defenses, and King County’s representations related to potential setoff for settlement in this case.

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See King County v. Travelers Indem. Co., 2018 WL 1792189, at *3 (W.D. Wash. Apr. 16, 2018).

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3.

The Court ORDERS that all insurer cross-claims against National Surety in this

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action are DISMISSED with PREJUDICE. The Court further ORDERS that any other claims

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for contribution, allocation, subrogation, and equitable indemnity and any other cause of action

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in connection with this action against National Surety by any other insurers of King County are
hereby BARRED.
///

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ORDER GRANTING NATIONAL SURETY’S MOTION FOR
(1) ORDER APPROVING SETTLEMENT AND BARRING
CONTRIBUTION CLAIMS; AND (2) DISMISSAL OF
CONTRIBUTION CLAIMS - 2
LEGAL\42389524\1

LAW OFFICES OF

COZEN O’CONNOR
A PROFESSIONAL CORPORATION
999 THIRD AVENUE
SUITE 1900
SEATTLE, W ASHINGTON 98104

[phone]

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4.

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of Civil Procedure 54(b).

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IT IS SO ORDERED.

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The Court directs that this Order shall be entered as a final judgment under Federal Rule

DATED this 7th day of October, 2019.

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A

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Barbara Jacobs Rothstein
U.S. District Court Judge

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Presented by:

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/s/ Jodi A. McDougall
Jodi A. McDougall, WSBA No. 22060
Nadia Bugaighis, WSBA No. 45492
999 Third Avenue, Suite 1900
Seattle, Washington 98104
Telephone: [phone]
Toll Free Phone: [phone]
Facsimile: 206.621.8783
Email: [e-mail]
[e-mail]

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Attorneys for Defendant National Surety Corporation

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ORDER GRANTING NATIONAL SURETY’S MOTION FOR
(1) ORDER APPROVING SETTLEMENT AND BARRING
CONTRIBUTION CLAIMS; AND (2) DISMISSAL OF
CONTRIBUTION CLAIMS - 3
LEGAL\42389524\1

LAW OFFICES OF

COZEN O’CONNOR
A PROFESSIONAL CORPORATION
999 THIRD AVENUE
SUITE 1900
SEATTLE, W ASHINGTON 98104

[phone]