Empire Fire and Marine Insurance Company v. Washington et al

Filing 22

ORDER granting 21 Stipulated Motion to stay case; Joint Status Report due by 11/15/2017, signed by Judge Ricardo S Martinez.(RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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)
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Plaintiff,
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v.
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QUEEN WASHINGTON AND JOHN DOE
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WASHINGTON, WIFE AND HUSBAND AND
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THE MARITAL COMMUNITY COMPRISED
)
THEREOF; SHAWNIKA LAWRENCE AND JOHN)
DOE LAWRENCE, WIFE AND HUSBAND AND )
)
THE MARITAL COMMUNITY COMPRISED
THEREOF; MINDY WISCOMBE AND RUSSELL )
WISCOMBE, WIFE AND HUSBAND AND THE )
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MARITAL COMMUNITY COMPRISED
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THEREOF; AND MARK MCCRUM AND
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PAMELA MCCRUM, HUSBAND AND WIFE
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AND THE MARTIAL COMMUNITY
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COMPRISED THEREOF,
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EMPIRE FIRE AND MARINE INSURANCE
COMPANY

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STIPULATED MOTION AND
ORDER TO STAY
PROCEEDINGS

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Defendants.

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I. STIPULATION

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CASE NO. 2:16-cv-01596-RSM

1.

Pursuant to LCR 10(g) and LCR 7 (d)(1) and this Court’s inherent power to stay

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proceedings, plaintiff Empire Fire and Marine Insurance Company (“Empire Fire”) and defendants

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Mindy Wiscombe and Russell Wiscombe and their marital community, and Mark McCrum and

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Pamela McCrum and their marital community, jointly request that the Court enter an Order staying
all activity in this case until November 15, 2017.

Empire Fire and the above-named defendants

KARR TUTTLE CAMPBELL

STIPULATED MOTION AND ORDER TO STAY
-1
CASE NO. 2:16-cv-01596-RSM

701 Fifth Avenue, Suite 3300
Seattle, Washington 98104
Main: [phone]
Fax: [phone]

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propose that the Court hold a conference to review the status of this action on November 15, 2017,

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or as soon thereafter as practicable and convenient for the Court.

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2.

Empire Fire has brought this declaratory judgment action against defendants Mindy

Wiscombe and Russell Wiscombe, and Mark McCrum and Pamela McCrum who have appeared
in this action; and defendants Queen Washington and John Doe Washington and Shawnika

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Lawrence and John Doe Lawrence, who were served in October 2016, but have not appeared in

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this action.

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3.

This declaratory judgment action concerns the availability of insurance coverage

for alleged bodily injury and other damages sustained by the Wiscombes and the McCrums arising
from an automobile accident that occurred on November 30, 2012. The accident is alleged to have

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been caused by Queen Washington or Shawnika Lawrence.
4.

Before the accident occurred, Shawnika Lawrence rented a 2012 Mazda 6 from

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Enterprise. In connection with the rental, Ms. Lawrence purchased Supplemental Liability

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Protection (“SLP”) coverage, which is an excess liability policy issued by Empire Fire.

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5.

The rental vehicle was involved in the November 30, 2012 accident.

The

Wiscombes and McCrums allege that the rental vehicle impacted the rear of the vehicle driven by
Mr. Wiscombe, causing his vehicle to be pushed into the vehicle occupied by the McCrums. The
identity of the driver of the rental car at the time of the accident is in dispute. Was it Ms. Lawrence
or Ms. Washington?
6.

The McCrums and the Wiscombes sued Ms. Washington and Ms. Lawrence in an

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underlying tort action in King County Superior Court, Cause No. 15-2-28349-9SEA. Trial in that

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action is currently scheduled to occur on October 9, 2017.

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KARR TUTTLE CAMPBELL

STIPULATED MOTION AND ORDER TO STAY
-2
CASE NO. 2:16-cv-01596-RSM

701 Fifth Avenue, Suite 3300
Seattle, Washington 98104
Main: [phone]
Fax: [phone]

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7.

Empire Fire and the appearing defendants seek a stay of this declaratory judgment

action pending trial in the underlying tort action. Because coverage under the SLP policy depends
on factual issues which will be resolved in the underlying action, staying this declaratory judgment
action will avoid duplicative litigation and promote judicial economy.
8.

“A district court has inherent power to control the disposition of the causes on its

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docket in a manner which will promote economy of time and effort for itself, for counsel, and for

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litigants.” CMAX, Inc. v. Hall, 300 F.2d 265, 268 (9th Cir. 1962); Lockyer v. Mirant Corp., 398

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F.3d 1098, 1109 (9th Cir. 2005). Here, Empire Fire and the appearing defendants agree that a stay

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is necessary to avoid duplicative litigation and promote economy of time and effort.
SO STIPULATED this 13th day of July, 2017.
KARR TUTTLE CAMPBELL
/s/ ______________________
Jacquelyn A. Beatty, WSBA #17567
Barbara J. Brady, WSBA #20459
701 Fifth Avenue, Suite 3300
Seattle, WA 98104
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant Empire Fire and
Marine Insurance Company
LAW OFFICE OF SAM ELDER PLLC

OSERAN, HAHN, SPRING, STRAIGHT &
WATTS, PS
____________________________
Paul Spencer, WSBA #19511
10900 N.E. 4th St., Suite 1430
Bellevue, WA 98004
Tel: [phone]
Fax: [phone]
[e-mail]>
Attorney for Defendants McCrum

Samuel J. Elder, Jr. WSBA #26085
12716 N.E. 106th Lane
Kirkland, WA 98033
Tel. [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendants Wiscombe
__________________________

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KARR TUTTLE CAMPBELL

STIPULATED MOTION AND ORDER TO STAY
-3
CASE NO. 2:16-cv-01596-RSM

701 Fifth Avenue, Suite 3300
Seattle, Washington 98104
Main: [phone]
Fax: [phone]

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ORDER

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Pursuant to the above Stipulated Motion, this case is STAYED. The parties shall file a

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Joint Status Report on or before November 15, 2017. The Court will note a Status Conference

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thereafter if necessary.

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DATED this 14th day of July 2017.

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A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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KARR TUTTLE CAMPBELL

STIPULATED MOTION AND ORDER TO STAY
-4
CASE NO. 2:16-cv-01596-RSM

701 Fifth Avenue, Suite 3300
Seattle, Washington 98104
Main: [phone]
Fax: [phone]

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CERTIFICATE OF SERVICE
I, Daena V. Temkova, affirm and state that I am employed by Karr Tuttle Campbell in
King County, in the State of Washington. I am over the age of 18 and not a party to the within
action. My business address is: 701 Fifth Ave., Suite 3300, Seattle, WA 98104. On this day, I
caused to be filed a true and correct copy of the foregoing by using the Court’s electronic filing
system. I caused the same to be served on the parties listed below in the manner indicated.

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Samuel J. Elder, Jr., WSBA #26085
Law Offices of Sam Elder, PLLC
12716 N.E. 106th Lane
Kirkland, WA 98033
[e-mail]
Attorneys for Plaintiffs Mindy
Wiscombe and Russell Wiscombe

Via U.S. Mail
Via Hand Delivery
Via Electronic Mail
Via Overnight Mail
CM/ECF via court’s website

Paul Spencer, WSBA #19511
Osaren Hahn, P.S.
10900 N.E. 4th St., Ste. 1430
Bellevue, WA 98004
[e-mail]
Attorneys for Plaintiffs Mark McCrum
and Pamela McCrum

Via U.S. Mail
Via Hand Delivery
Via Electronic Mail
Via Overnight Mail
CM/ECF via court’s website

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I declare under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct, to the best of my knowledge. Executed on this 13th day of July, 2017,
at Seattle, Washington.
s/Daena Temkova
Daena V. Temkova
Assistant to Jacquelyn A. Beatty
and Barbara J. Brady

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KARR TUTTLE CAMPBELL

STIPULATED MOTION AND ORDER TO STAY
-5
CASE NO. 2:16-cv-01596-RSM

701 Fifth Avenue, Suite 3300
Seattle, Washington 98104
Main: [phone]
Fax: [phone]