The Hanover Insurance Company v. Mehling et al

Filing 24

MINUTE ORDER denying in part and deferring in part the Mehling Defendants' 18 MOTION to Stay Pending Resolution of Underlying Lawsuit. Authorized by Judge Thomas S. Zilly. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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THE HANOVER INSURANCE
COMPANY,
Plaintiff,

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v.

C16-1671 TSZ
MINUTE ORDER

CRISTINA MEHLING, et al.,
Defendants.

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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:

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(1)
The motion brought by defendants Cristina Mehling and Mehling Law Firm
PLLC (collectively, “Mehling Defendants”) to stay this matter pending resolution of the
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underlying litigation between them and the Chapter 7 Bankruptcy Trustee for the Andrew
Kim Bankruptcy Estate, docket no. 18, is DENIED in part and DEFERRED in part as
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follows:
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(a)
With respect to whether plaintiff The Hanover Insurance Company
has a duty to defend the Mehling Defendants in the underlying litigation, the
motion to stay is DENIED.
(b)
In responding to plaintiff’s motion for judgment on the pleadings,
docket no. 15, if the Mehling Defendants believe they would be prejudiced in the
underlying litigation if the Chapter 7 Bankruptcy Trustee and/or Andrew Kim
learned the information disclosed in their responsive materials, they may file such
materials under seal, without filing a separate motion to seal. Moreover, although
the Chapter 7 Bankruptcy Trustee is a party to this litigation, the Mehling
Defendants need not serve on the Chapter 7 Bankruptcy Trustee any materials they
have filed under seal in this matter. To the extent the Mehling Defendants have
filed papers under seal, plaintiff shall keep such materials confidential and shall

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MINUTE ORDER - 1

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refrain from making the contents of such materials available to the Chapter 7
Bankruptcy Trustee, Andrew Kim, or the public. Plaintiff may file its reply brief
and related submissions under seal, without filing a separate motion to seal, if
necessary to comply with this Minute Order.

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(c)
With respect to whether plaintiff owes any duty of indemnification
to the Mehling Defendants, the motion to stay is DEFERRED, and it will be
addressed after or in conjunction with a ruling on plaintiff’s motion for judgment
on the pleadings.
(2)
record.

The Clerk is directed to send a copy of this Minute Order to all counsel of

Dated this 3rd day of March, 2017.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2