Snohomish County v. Allied World National Assurance Company et al

Filing 223

ORDER STAYING CASE by Judge Barbara J. Rothstein. The three pending motions for summary judgment brought by the County, ICSOP, and Lexington shall not be stayed 198 202 205 . The parties will provide the Court with a periodic joint report on the status of the Underlying Litigation; the status reports are to be filed every 120 days from the date of this order. The parties are to notify the Court within 7 days of any event or events which render this stay no longer necessary. (PM)

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The Honorable Barbara Jacobs Rothstein

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
SNOHOMISH COUNTY,

NO. 2:16-cv-00063-BJR
Plaintiff,

v.
ALLIED WORLD NATIONAL ASSURANCE
COMPANY, ARROWOOD INDEMNITY
COMPANY (f/k/a ROYAL INDEMNITY
COMPANY), BERKLEY NATIONAL
INSURANCE COMPANY, CLARENDON
NATIONAL INSURANCE COMPANY, CRUM
& FORSTER SPECIALTY INSURANCE
COMPANY, ENDURANCE AMERICAN
INSURANCE COMPANY, EVEREST
NATIONAL INSURANCE COMPANY,
FIREMAN’S FUND INSURANCE COMPANY
OF WISCONSIN, THE INSURANCE
COMPANY OF THE STATE OF
PENNSYLVANIA, INSURANCE COMPANY
OF THE WEST, LEXINGTON INSURANCE
COMPANY, NATIONAL CASUALTY
COMPANY, THE PRINCETON EXCESS &
SURPLUS LINES INSURANCE COMPANY
and STARR INDEMNITY & LIABILITY
COMPANY,
Defendants.

ORDER STAYING CASE - 1
No. 2:16-cv-00063-BJR

ORDER STAYING CASE

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IT IS HEREBY ORDERED that the Stipulated Motion to Stay is GRANTED. This
action is hereby stayed, with the following exceptions:
(1) The three pending motions for summary judgment brought by the County, ICSOP,
and Lexington shall not be stayed;
(2) The County shall continue to provide Arrowood, ICSOP, Everest, and Starr, on a
periodic basis as in the past, complete documentation of all defense costs incurred; and
(3) The parties may move the Court while the stay is in effect to compel responses to any
discovery that was served before the stay was entered, but: (a) only after the Court rules on the
three pending motions for summary judgment; and (b) only with respect to those discovery
requests that seek: (i) documentation of the defense costs incurred and paid by the County; (ii)
documentation of the defense costs paid by any of the Defendants; and (iii) as between
Defendants only, information concerning the trigger, allocation, and/or exhaustion of defense
costs under and among the subject insurance policies. All parties’ positions and objections with
respect to such discovery requests are preserved; and
(4)

All limitation periods for the defendants to assert cross claims for contribution,

equitable contribution, indemnification, subrogation, and/or any other claims of any nature
against one another are tolled throughout the pendency of the stay and for a minimum of thirty
days after the expiration of the stay.
(5)

The parties will provide the Court with a periodic joint report on the status of the

Underlying Litigation; the status reports are to be filed every 120 days from the date of this
order.
(6)

The parties are to notify the Court within 7 days of any event or events which

render this stay no longer necessary.
ORDER STAYING CASE - 2
No. 2:16-cv-00063-BJR

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DATED this __8th__ day of _March_, 2017.

A

Barbara Jacobs Rothstein
U.S. District Court Judge

ORDER STAYING CASE - 3
No. 2:16-cv-00063-BJR

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CERTIFICATE OF SERVICE
I hereby certify that on March 7, 2017, I electronically filed the foregoing with the Clerk
of the Court using the CM/ECF system, which will send notification of such filing to all counsel
of record:
DATED this 7th day of March, 2017.

s/Franklin D. Cordell
Franklin D. Cordell, WSBA #26392

ORDER STAYING CASE - 4
No. 2:16-cv-00063-BJR