National Union Fire Insurance Co of Pittsburgh PA v Seattle School District No. 1

Filing 53

STIPULATION AND ORDER of Dismissal of Counterclaims With Prejudice re parties' 51 Stipulation, by Judge Thomas S. Zilly. (SWT)(National Union Fire Insurance Co of Pittsburgh PA (as counter defendant) and Seattle School District No. 1 (as counter claimant) terminated.)

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Honorable Thomas S. Zilly

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA., a
Pennsylvania insurance company,
Plaintiff,

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No. 2:16-CV-01534-TSZ
STIPULATION AND ORDER OF
DISMISSAL OF COUNTERCLAIMS
WITH PREJUDICE

v.
SEATTLE SCHOOL DISTRICT NO. 1, a
Washington municipal corporation,

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Defendant.
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STIPULATION FOR DISMISSAL

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COME NOW the parties, by and through their undersigned counsel and hereby notify

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the Court that in light of this Court’s order of May 18, 2018, and Minute Entry entered on May

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21, 2018, Seattle School District No. 1 (“SSD”) has decided to not pursue its counterclaims for

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extra-contractual claims for bad faith, violation of the Washington Unfair Claims Settlement
Practices Act (WAC 284-30, et seq.), violation of the Consumer Protection Act (RCW 19.86, et

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seq.), and violation of the Insurance Fair Conduct Act (RCW 48.30.015). Accordingly, the
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parties now request that this Court enter the parties’ Order of Dismissal with Prejudice as to the
Counterclaims.
STIPULATION AND ORDER OF DISMISSAL OF
COUNTERCLAIMS WITH PREJUDICE- 1
2:16-CV-01534-TSZ
706008.docx

PATTERSON BUCHANAN
FOBES & LEITCH, INC., P.S.
2112 Third Avenue, Suite 500, Seattle WA 98121
Tel. [phone] Fax [phone]

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IT IS HEREBY STIPULATED AND AGREED by the parties that SSD’s
counterclaims are dismissed in their entirety, with prejudice, pursuant to Rule 41(a)(2) of the
Federal Rules of Civil Procedure.
IT IS FURTHER STIPULATED AND AGREED that each party is to bear his, her, or
its own costs and attorneys’ fees.

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DATED this 27th day of June, 2018.
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PATTERSON BUCHANAN
FOBES & LEITCH, INC., P.S.

GORDON REES SCULLY
MANSUKHANI, LLP

By: s:/ Kevin J. Kay
Kevin J. Kay, WSBA 34546
Of Attorneys for Defendant SEATTLE
SCHOOL DISTRICT
2112 Third Avenue, Suite 500
Seattle, WA 98121
[e-mail]

By: s/ Donald J. Verfurth
s/ Sally S. Kim
Donald J. Verfurth, WSBA 15554
Sally S. Kim, WSBA 35289
Attorneys for Plaintiff National Union Fire
Insurance Company of Pittsburgh, Pa.
701 Fifth Avenue, Suite 2100
Seattle, WA 98104
[e-mail]
[e-mail]

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STIPULATION AND ORDER OF DISMISSAL OF
COUNTERCLAIMS WITH PREJUDICE- 2
2:16-CV-01534-TSZ
706008.docx

PATTERSON BUCHANAN
FOBES & LEITCH, INC., P.S.
2112 Third Avenue, Suite 500, Seattle WA 98121
Tel. [phone] Fax [phone]

ORDER OF DISMISSAL WITH PREJUDICE

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The Court, having reviewed the parties’ Stipulation for Dismissal, herby ORDERS:

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That SSD’s counterclaims are DISMISSED with prejudice; and

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2.

The parties shall bear their own fees and costs associated with the counterclaims.

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SO ORDERED this 28th day of June, 2018.

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A

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Thomas S. Zilly
United States District Judge

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STIPULATION AND ORDER OF DISMISSAL OF
COUNTERCLAIMS WITH PREJUDICE- 3
2:16-CV-01534-TSZ
706008.docx

PATTERSON BUCHANAN
FOBES & LEITCH, INC., P.S.
2112 Third Avenue, Suite 500, Seattle WA 98121
Tel. [phone] Fax [phone]