The Hanover Insurance Company v. Mehling et al

Filing 57

MINUTE ORDER dismissing plaintiff's claims against Trustee Virginia Burdette with prejudice and without costs ; striking as moot plaintiff's 32 Motion for Reconsideration ; LIFTING STAY and returning case to active docket ; RENOTING Defendants Cristina Mehling, Mehling Law Firm PLLC 44 Motion for Attorney's Fees : Noting Date 11/17/2017. Authorized by Judge Thomas S. Zilly. (SWT) (cc: Gordon Tilden Thomas & Cordell LLP via USPS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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THE HANOVER INSURANCE
COMPANY,

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Plaintiff,
v.

C16-1671 TSZ
MINUTE ORDER

CRISTINA MEHLING, et al.,

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Defendants.

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The following Minute Order is made by direction of the Court, the Honorable
13 Thomas S. Zilly, United States District Judge:
(1)
Pursuant to plaintiff’s status reports, docket nos. 55 and 56, indicating that
the underlying state court litigation between defendants Cristina Mehling and Mehling
15 Law Firm PLLC (“Mehling”) and defendant Virginia L. Burdette, the Chapter 7 Trustee
for the Andrew Kim Bankruptcy Estate, has been resolved and that the settlement has
16 been approved by the Bankruptcy Court, plaintiff’s claims against Trustee Burdette are
DISMISSED with prejudice and without costs.
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(2)
Also pursuant to plaintiff’s status reports, docket nos. 55 and 56, plaintiff’s
motion for reconsideration, docket no. 32, of the stay imposed by the Minute Order
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entered May 8, 2017, docket no. 31, is STRICKEN as moot. The underlying state court
litigation having been resolved, the stay is hereby LIFTED, and this case is returned to
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the active docket.
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(3)
Mehling’s motion for attorney’s fees, docket no. 44, is RENOTED to
November 17, 2017. On or before November 13, 2017, plaintiff is DIRECTED to file a
21 supplemental response, not to exceed twelve (12) pages in length, concerning whether its
payment of settlement funds, see Trustee’s Motion (Bankr. W.D. Wash. 14-16476-MLB,
22 docket no. 33), effectively rendered Mehling a prevailing party for purposes of attorney’s
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MINUTE ORDER - 1

1 fees pursuant to Olympic S.S. Co. v. Centennial Ins. Co., 117 Wn.2d 37, 811 P.2d 673
(1991), and whether Mehling’s counsel’s hourly rates and amount of time billed in this
2 matter are reasonable. In its supplemental response, plaintiff shall also address whether
the deferred portion of plaintiff’s motion for judgment on the pleadings, docket no. 15,
3 concerning whether plaintiff has a duty to indemnify Mehling, see Minute Order at ¶ 1
(docket no. 31), can be stricken as moot, and whether plaintiff’s claims against Mehling
4 can be dismissed with prejudice. Any supplemental reply by Mehling shall not exceed
six (6) pages in length and shall be filed by the new noting date.
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(4)
The Clerk is directed to send a copy of this Minute Order to all counsel of
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Dated this 13th day of October, 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