2328 Fairview Condominium Association v. Continental Western Insurance Company et al

Filing 28

STIPULATION AND ORDER granting parties' 27 Stipulated Motion to Amend Great American Complaint; Counsel is directed to e-file their Amended Complaint, signed by Judge Ricardo S Martinez. (SWT)

HONORABLE RICARDO S. MARTINEZ

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE

9 2328 FAIRVIEW CONDOMINIUM
ASSOCIATION, a Washington non-profit
10 corporation,
Plaintiff,
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v.
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CONTINENTAL WESTERN INSURANCE
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COMPANY, an Iowa Corporation; and DOE
14 INSURANCE COMPANIES 1-10,

No: 2:16-cv-01722-RSM
STIPULATED MOTION AND
ORDER TO AMEND GREAT
AMERICAN COMPLAINT

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Defendants.
2328 FAIRVIEW CONDOMINIUM
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ASSOCIATION, a Washington non-profit
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Plaintiff,
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GREAT AMERICAN INSURANCE
20 COMPANY, a Ohio Corporation;
21 AMERICAN FIRE & CASUALTY
COMPANY, a New Hampshire
22 Corporation; AMERICAN ECONOMY
INSURANCE COMPANY, a Massachusetts
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Corporation; LIBERTY MUTUAL
24 INSURANCE COMPANY, a Massachusetts
Corporation
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Defendants.
STIPULATED MOTION AND ORDER TO
AMEND GREAT AMERICAN COMPLAINT (2:16cv-01722-RSM)
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STEIN, SUDWEEKS & HOUSER, PLLC
2701 FIRST AVENUE, SUITE 430
SEATTLE, WA 98121
PHONE [phone] FAX [phone]

I.

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STIPULATION

1. Based off secondary evidence of insurance Plaintiff 2328 Fairview Condominium

3 Association (the “Association”) tendered to Great American Insurance Company Policy No.
4 SPP9964688. Liberty Mutual responded to the tender on behalf of Great American and entered
5 into a tolling agreement listing Great American as the entity insuring the Association. Upon
6 expiration of the tolling agreement, the Association filed suit against Great American Insurance
7 Company, Policy No. SPP9964688.
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2. After the deadline to Amend pleadings, the attorney for Great American located and

9 provided the Association with a policy listing American Alliance Insurance Company (“AAIC”)
10 as the insurer. The policy lists AAIC as a “Great American Insurance Group Company.” The
11 policy number for the AAIC policy is the same as listed in the Association’s Complaint.
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3. The parties recognize that AAIC should be substituted for Great American, and request

13 permission to Amend the Complaint only to make this change. The proposed Amended Complaint
14 is attached as Exhibit A. The parties recognize that no change in the case schedule is required as
15 a result of the amendment, and that this is a small administrative error that should be fixed.
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DATED: August 18, 2017

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DATED: August 18, 2017

By /s/ Daniel Stein
Justin Sudweeks, WSBA #28755
Daniel Stein, WSBA #48739
Stein, Sudweeks & Houser, PLLC
Attorneys for Plaintiff 2328 Fairview Condominium
Association
By /s/ Daniel Stein, WSBA #48739 for Michael McCormack via
Email Authorization Received 08/18/17
Michael McCormack
BULLIVANT HOUSER BAILEY PC
Attorneys for Defendant Great American Insurance Company,
American Economy Insurance Company, American Fire and
Casualty Company, Liberty Mutual Insurance Company

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STIPULATED MOTION AND ORDER TO
AMEND GREAT AMERICAN COMPLAINT (2:16cv-01722-RSM)
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STEIN, SUDWEEKS & HOUSER, PLLC
2701 FIRST AVENUE, SUITE 430
SEATTLE, WA 98121
PHONE [phone] FAX [phone]

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DATED: August 18, 2017

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By /s/ Daniel Stein, WSBA #48739 for Lisa Neal via Email
Authorization Received 08/18/17
Lisa Neal WSBA # 25686
Wilson Smith Cochran & Dickerson
Attorney for Defendant Continental Western Insurance
Company

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II.

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Based on the foregoing Stipulation, it is hereby ORDERED:
1)

A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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The Association’s Motion to Amend Complaint is GRANTED.

DONE IN OPEN COURT this 21 day of August, 2017.

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ORDER

Presented:
By /s/ Daniel Stein
Justin Sudweeks, WSBA #28755
Daniel Houser, WSBA #32327
Daniel Stein, WSBA #48739
Stein, Sudweeks & Houser, PLLC
Attorneys for Plaintiff 2328 Fairview Condominium Association
By By /s/ Daniel Stein, WSBA #48739 for Michael McCormack
via Email Authorization Received 08/18/17
Michael McCormack, WSBA #15006
BULLIVANT HOUSER BAILEY PC
Attorneys for Defendant Great American Insurance Company,
American Economy Insurance Company, American Fire and
Casualty Company, Liberty Mutual Insurance Company
By /s/ Daniel Stein, WSBA #48739 for Lisa Neal via Email
Authorization Received 08/18/17
Lisa Neal WSBA # 25686
Wilson Smith Cochran & Dickerson
Attorney for Defendant Continental Western Insurance Company

STIPULATED MOTION AND ORDER TO
AMEND GREAT AMERICAN COMPLAINT (2:16cv-01722-RSM)
-3

STEIN, SUDWEEKS & HOUSER, PLLC
2701 FIRST AVENUE, SUITE 430
SEATTLE, WA 98121
PHONE [phone] FAX [phone]

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STIPULATED MOTION AND ORDER TO
AMEND GREAT AMERICAN COMPLAINT (2:16cv-01722-RSM)
-4

STEIN, SUDWEEKS & HOUSER, PLLC
2701 FIRST AVENUE, SUITE 430
SEATTLE, WA 98121
PHONE [phone] FAX [phone]