Evergreen Estates Condominium Association of Apartment Owners v. Admiral Insurance Company et al

Filing 27

STIPULATION AND ORDER FOR CONTINUANCE OF TRIAL DATE AND RELATED DEADLINES; Jury Trial continued to 1/22/2018 before Judge Ricardo S Martinez. Motions due by 9/22/2017, Discovery completed by 9/22/2017, Dispositive motions due by 10/20/2017, Motions in Limine due by 12/21/2017, Pretrial Order due by 1/5/2018, Rebuttal Expert Disclosure/Reports due by 7/28/2017, Trial briefs to be submitted by 1/12/2018, by Judge Ricardo S Martinez. (RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

10 EVERGREEN ESTATES CONDOMINIUM
ASSOCIATION OF APARTMENT
11 OWNERS, a Washington nonprofit
corporation,
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Plaintiff,
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v.
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ADMIRAL INSURANCE COMPANY, a
15 Delaware corporation; ASSOCIATED
INTERNATIONAL INSURANCE
16 COMPANY, an Illinois corporation;
MARKEL INSURANCE COMPANY, a
17 Virginia corporation; and DOE INSURANCE
COMPANIES 1-10,
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Defendants.
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No: C16-1577 RSM
STIPULATED JOINT MOTION AND
ORDER FOR CONTINUANCE OF
TRIAL DATE AND RELATED
DEADLINES

MOTION
Counsel for all Parties (Plaintiff Evergreen Estates Condominium Association and

22 Defendants Admiral Insurance Company, Associated International Insurance Company and
23 Markel Insurance Company) submit this stipulated motion for a four-month continuance of
24 the trial date and related dates as described below. The parties’ joint motion is based on LCR
25 10(g) and LCR 16(b)(5). The motion is supported by the declaration of attorneys Michael
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JOINT MOTION FOR CONTINUANCE OF TRIAL DATE AND
RELATED DEADLINES
NO.: 2:16-CV-01577

PAGE 1

Bullivant|Houser|Bailey PC
1700 Seventh Avenue, Suite 1810
Seattle, Washington 98101-1397
Telephone: [phone]

1 McCormack. Mr. McCormack has conferred with counsel for the other parties—Mr. Houser
2 for the Association, and Mr. Bentson for Admiral—and Mr. McCormack is submitting this
3 motion and declaration at the request of Mr. Houser and Mr. Bentson.
REASONS JUSTIFYING PROPOSED CHANGE

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Mr. Houser and Mr. Bentson represent opposing parties in a matter scheduled for trial

6 on May 22, 2017, in the U. S. District Court for the Western District of Washington in
7 Tacoma. See Eagle Harbour Condo Association v. AllState, et. al., Cause No.:
8 3:15-CV-05312-RBL. In order to properly prepare and try the Eagle Harbour case,
9 Messrs. Houser and Bentson along with their staff will be working full time on the Eagle
10 Harbour case until early June, or later.
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The consequence to this case is that the parties cannot realistically complete the

12 discovery and deposition work necessary to meet this case’s discovery deadline of
13 May 22, 2017. In addition, all parties intend to file motions for summary judgment in this
14 case, but due to their work on the Eagle Harbour trial, Mr. Houser and Mr. Bentson will not
15 be able to complete discovery and file their motions in this case by the June 20 deadline for
16 dispositive motions
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The attorneys have conferred. Along with their clients, they are in unanimous

18 agreement that a four-month continuance of the trial date in this matter, along with a
19 concomitant rescheduling of pending deadlines, is an appropriate solution if this Court
20 agrees. What the parties specifically request is as follows:
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CURRENT DATE
Trial: September 18, 2017

PROPOSED DATE
January 18, 2018 or date TBD by Court

23 Rebuttal Expert: April 28, 2017

July 28, 2017

24 Discovery Cut off: May 22, 2017

September 22, 2017

25 Dispositive Motion Deadline: June 20, 2017 October 20, 2017
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Mediation: August 4, 2017

December 4, 2017

JOINT MOTION FOR CONTINUANCE OF TRIAL DATE AND
RELATED DEADLINES
NO.: 2:16-CV-01577

PAGE 2

Bullivant|Houser|Bailey PC
1700 Seventh Avenue, Suite 1810
Seattle, Washington 98101-1397
Telephone: [phone]

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CURRENT DATE
Motions in Limine: August 21,2017

PROPOSED DATE
December 21, 2017

3 Pretrial Order: September 6, 2017

January 5, 2018

4 Trial Briefs: September 13, 2017

January 12, 2018

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DATED: May 2, 2017

7 BULLIVANT HOUSER BAILEY PC

STEIN SUDWEEKS & HOUSER, PLLC

8 By: /s/ Daniel R. Bentson
Daniel R. Bentson, WSBA #36825
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E-mail: [e-mail]
Owen R. Mooney, WSBA #45770
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E-Mail: [e-mail]
1700 Seventh Avenue, Suite 1810
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Seattle, Washington 98101
Phone: [phone]
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Attorneys for Defendant Admiral Insurance
13 Company

By: /s/ Daniel S. Houser
Justin Sudweeks, WSBA #28755
E-mail: [e-mail]
Daniel S. Houser, WSBA #32327
E-Mail: [e-mail]
Daniel Stein, WSBA #48739
E-mail: [e-mail]
2701 First Avenue, Suite 430
Seattle, Washington 98121
Phone: [phone]

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Attorneys for Plaintiff Evergreen Estates
Condominium Association of Owners

15 BULLIVANT HOUSER BAILEY PC
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By /s/ Michael McCormack
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Michael McCormack, WSBA #15006
E-mail:
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[e-mail]
1700 Seventh Avenue, Suite 1810
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Seattle, Washington 98101
Phone: [phone]
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Attorneys for Defendants Associated
21 International Insurance Company and
Markel Insurance Company
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JOINT MOTION FOR CONTINUANCE OF TRIAL DATE AND
RELATED DEADLINES
NO.: 2:16-CV-01577

PAGE 3

Bullivant|Houser|Bailey PC
1700 Seventh Avenue, Suite 1810
Seattle, Washington 98101-1397
Telephone: [phone]

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ORDER

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IT IS ORDERED that the trial of this matter is rescheduled for January 22, 2018.
The case schedule set forth above is adopted with the exception of the trial date.
DATED this 2nd day of May 2017.

A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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9 Presented By:
10 BULLIVANT HOUSER BAILEY PC

11 By /s/ Michael McCormack
Michael McCormack, WSBA #15006
E-mail: [e-mail]
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1700 Seventh Avenue, Suite 1810
Seattle, Washington 98101
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Phone: [phone]
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Attorneys for Defendants Associated International Insurance Company and Markel
Insurance Company
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16 Approved as to Form:
17 BULLIVANT HOUSER BAILEY PC

STEIN SUDWEEKS & HOUSER, PLLC

18 By: /s/ Daniel R. Bentson
Daniel R. Bentson, WSBA #36825
19 E-mail: [e-mail]
Owen R. Mooney, WSBA #45770
20 E-Mail: [e-mail]
1700 Seventh Avenue, Suite 1810
21 Seattle, Washington 98101
Phone: [phone]
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Attorneys for Defendant Admiral Insurance
23 Company

By: /s/ Daniel S. Houser
Justin Sudweeks, WSBA #28755
E-mail: [e-mail]
Daniel S. Houser, WSBA #32327
E-Mail: [e-mail]
Daniel Stein, WSBA #48739
E-mail: [e-mail]
2701 First Avenue, Suite 430
Seattle, Washington 98121
Phone: [phone]

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Attorneys for Plaintiff Evergreen Estates
Condominium Association of Owners

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JOINT MOTION FOR CONTINUANCE OF TRIAL DATE AND
RELATED DEADLINES
NO.: 2:16-CV-01577

PAGE 4

Bullivant|Houser|Bailey PC
1700 Seventh Avenue, Suite 1810
Seattle, Washington 98101-1397
Telephone: [phone]