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

Filing 30

ORDER granting parties' 28 Stipulated Motion for Continuance of Trial Date and Related Deadlines. Jury Trial is continued to 4/9/2018 before Judge Ricardo S Martinez. Discovery completed by 12/11/2017, Dispositive motions due by 1/5/2018, Motions in Limine due by 3/9/2018, Pretrial Order due by 3/23/2018, Trial briefs to be submitted by 3/30/2018, 39.1 mediation to be completed by 2/20/2018, signed by Judge Ricardo S Martinez. (TH)

HONORABLE RICARDO S. MARTINEZ

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

9 EVERGREEN ESTATES CONDOMINIUM
ASSOCIATION OF APARTMENT
10 OWNERS, a Washington nonprofit
corporation,
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Plaintiff,
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v.
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ADMIRAL INSURANCE COMPANY, a
14 Delaware corporation; ASSOCIATED
INTERNATIONAL INSURANCE
15 COMPANY, an Illinois corporation;
MARKEL INSURANCE COMPANY, a
16 Virginia corporation; and DOE INSURANCE
COMPANIES 1-10,
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Defendants.
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No.: 2:16-cv-01577RSM
STIPULATED JOINT MOTION AND
ORDER FOR CONTINUANCE OF
TRIAL DATE AND RELATED
DEADLINES

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

21 Defendants Admiral Insurance Company, Associated International Insurance Company
22 (“AIIC”) and Markel Insurance Company) submit this stipulated motion for a two-and-a23 half-month continuance of the trial date and related dates as described below. The parties’
24 joint motion is based on LCR 10(g) and LCR 16(b)(5). The motion is supported by the
25 declaration of attorney Daniel Houser. Mr. Houser has conferred with counsel for the other
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JOINT MOTION AND ORDER FOR CONTINUANCE OF TRIAL DATE
AND RELATED DEADLINES
NO.: 2:16-CV-01577

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

1 parties—Mr. McCormack for AIIC and Markel, and Mr. Bentson for Admiral—and Mr.
2 Houser is submitting this motion and declaration at the request of Mr. McCormack and Mr.
3 Bentson.
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REASONS JUSTIFYING PROPOSED CHANGE

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Mr. Houser, Mr. Bentson, and Mr. McCormack are opposing counsel in several

6 pending cases. Mr. McCormack previously agreed to continue the trial of this action from
7 September 2017 to January 2018 as a professional courtesy to Messrs. Houser and Bentson
8 to allow for the trial of Eagle Harbour Condo Association v. Allstate, et. al., Cause No.:
9 3:15-CV-05312-RBL.
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Due to conflicts with other pending cases the attorneys have conferred about a second

11 trial continuance. Along with their clients, they are in unanimous agreement that a two-and12 a-half month continuance of the trial date in this matter, along with a concomitant
13 rescheduling of pending deadlines, is an appropriate solution if this Court agrees. What the
14 parties specifically request is as follows:
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CURRENT DATE
Trial: January 22, 2018

PROPOSED DATE
April 9, 2018 or date TBD by Court

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Discovery Cut off: September 22, 2017

December 11, 2017

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Dispositive Motions: October 20, 2017

January 5, 2018

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Mediation: December 4, 2017
Motions in Limine: December 21,2017

February 20, 2018
March 9, 2018

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Pretrial Order: January 5, 2018

March 23, 2018

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Trial Briefs: January 12, 2018

March 30, 2018

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JOINT MOTION AND ORDER 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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DATED: September 6, 2017

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BULLIVANT HOUSER BAILEY PC

STEIN SUDWEEKS & HOUSER, PLLC

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By: s/Daniel Houser for____________
Daniel R. Bentson, WSBA #36825
E-mail: [e-mail]
Owen R. Mooney, WSBA #45770
E-Mail: [e-mail]
1700 Seventh Avenue, Suite 1810
Seattle, Washington 98101
Phone: [phone]

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 Defendant Admiral Insurance
Company

Attorneys for Plaintiff Evergreen Estates
Condominium Association of Owners

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BULLIVANT HOUSER BAILEY PC

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By: s/Daniel Houser for ____________
Michael McCormack, WSBA #15006
E-mail:
[e-mail]
1700 Seventh Avenue, Suite 1810
Seattle, Washington 98101
Phone: [phone]

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Attorneys for Defendants Associated
International Insurance Company and Markel
Insurance Company

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JOINT MOTION AND ORDER 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]

ORDER

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IT IS SO ORDERED. Trial of this matter is rescheduled for April 9, 2018. The case

3 schedule set forth above is adopted.
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DATED this 6 day of September, 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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8 Presented By:
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STEIN SUDWEEKS & HOUSER, PLLC
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]

16 Attorneys for Plaintiff Evergreen Estates Condominium Association of Owners
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Approved as to Form:
BULLIVANT HOUSER BAILEY PC

BULLIVANT HOUSER BAILEY PC

By: s/Daniel R Bentson_________
Daniel R. Bentson, WSBA #36825
E-mail: [e-mail]
Owen R. Mooney, WSBA #45770
E-Mail: [e-mail]
1700 Seventh Avenue, Suite 1810
Seattle, Washington 98101
Phone: [phone]

By: s/Michael McCormack____________
Michael McCormack, WSBA #15006
E-mail:
[e-mail]
1700 Seventh Avenue, Suite 1810
Seattle, Washington 98101
Phone: [phone]

Attorneys for Defendant Admiral Insurance
Company

Attorneys for Defendants Associated
International Insurance Company and Markel
Insurance Company

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JOINT MOTION AND ORDER 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]