Ride the Ducks International, LLC v. T.H.E. Insurance Company

Filing 72

MINUTE ORDER granting Plaintiff's 69 Stipulated Motion to stay ; striking without prejudice cross-motions for summary judgment, docket nos. 55 and 62 ; striking without prejudice T.H.E. Insurance Company's 44 Motion for Joinder ; parties are DIRECTED to file a Joint Status Report within fourteen (14) days after the underlying litigation resolves or by 9/28/2018, whichever occurs earlier. Authorized by Judge Thomas S. Zilly.(SWT)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 RIDE THE DUCKS INTERNATIONAL, LLC, Plaintiff, 9 and 10 RIDE THE DUCKS SEATTLE, LLC, Intervenor, 11 12 T.H.E. INSURANCE COMPANY, 13 14 15 C15-1982 TSZ v. MINUTE ORDER Defendant, v. NA RA YOON; PHUONG DINH; ESTATE OF KIM HA RAM; KIM SOON WAN; and JEONG JU HEE, 16 Third-Party Defendants. 17 The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge: 18 (1) The unopposed motion for stay, docket no. 69, brought by plaintiff Ride the Ducks International, LLC (“RTDI”), intervenor Ride the Ducks Seattle, LLC, and defendant T.H.E. Insurance Company (collectively, the “Stipulating Parties”), is 20 GRANTED as follows: 19 21 22 (a) The stay previously imposed with respect to indemnification issues remains in full force and effect. Pursuant to the Stipulating Parties’ agreement, proceedings concerning any duty to defend owed to RTDI are hereby STAYED. 23 MINUTE ORDER - 1 1 2 3 4 5 6 7 8 The Stipulating Parties shall be bound by their agreement, see docket no. 69, concerning when and how they may seek to lift the stay, but any other party may move to lift the stay at any time, without prior notice to other parties. (b) The pending cross-motions for summary judgment as to the duty to defend, docket nos. 55 and 62, and T.H.E. Insurance Company’s motion to join additional parties, docket no. 44, are STRICKEN without prejudice to refile if appropriate after the stay in this matter is lifted. (c) The parties are DIRECTED to file a Joint Status Report within fourteen (14) days after the underlying litigation resolves or by September 28, 2018, whichever occurs earlier. (2) record. The Clerk is directed to send a copy of this Minute Order to all counsel of Dated this 31st day of May, 2017. 9 10 William M. McCool Clerk 11 s/Karen Dews Deputy Clerk 12 13 14 15 16 17 18 19 20 21 22 23 MINUTE ORDER - 2

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