Nautica Condominium Owners Association v. Commonwealth Insurance Company of America et al

Filing 9

ORDER FOR CONSOLIDATION OF RELATED ACTIONS; granting 7 Stipulated MOTION to Consolidate Cases . Cases C17-82RSM and C16-1983RSM are consolidated into case C15-1788RSM by Judge Ricardo S Martinez. (RS)

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

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9 NAUTICA CONDOMINIUM OWNERS
ASSOCIATION, a Washington non-profit
10 corporation,
Plaintiff,
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v.
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ASPEN SPECIALTY INSURANCE
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COMPANY, a North Dakota corporation, et.
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Defendants.
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16 NAUTICA CONDOMINIUM OWNERS
ASSOCIATION, a Washington non-profit
17 corporation,
Plaintiff,
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v.
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UNITED STATES FIRE INSURANCE CO.,
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et al.
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Defendants.
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Case No. C15-1788RSM

Case No C16-1983RSM

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STIPULATED MOTION AND ORDER FOR
CONSOLIDATION OF RELATED ACTIONS

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

NAUTICA CONDOMINIUM OWNERS
ASSOCIATION, a Washington non-profit
2 corporation,
Plaintiff,
3 v.
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C17-0082RSM
STIPULATED MOTION AND ORDER
FOR CONSOLIDATION OF RELATED
ACTIONS UNDER FRCP 42(a)(2)

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COMMONWEALTH INSURANCE
5 COMPANY OF AMERICA., et al.
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Defendants.

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I.

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 STIPULATION

Plaintiff Nautica Condominium Owners (“Association”); Hartford Fire Insurance
Company, Great American E & S Insurance Company; Commonwealth Insurance Company of
America; Chubb Custom Insurance Company; and U.S. Fire Insurance Company collectively the
“Defendants”, hereby stipulate as follows:
1.

The cases Nautica Condominium Owners Association v. Aspen Specialty Insurance

Company et al., Western District of Washington Cause No. 2:15-cv-01788-RSM; Nautica
Condominium Owners Association v. U.S. Fire Insurance Company et al., Western District of
Washington Cause No. 2:16-cv-01983-JLR; and Nautica Condominium Owners Association v.
Commonwealth Insurance Company of America et al., Western District of Washington Cause
2:17-cv-00082-TSZ, involve claims for insurance coverage for alleged damage to the Nautica
Condominium building.
2.

The cases share common issues of fact and law as to liability and damages. The cases

also involve many of the same lay and expert witnesses, Association records, and other
documentary evidence.
3.

Consolidating the cases for trial under Fed. R. Civ. P. 42(a)(2) will promote efficiency

and conserve judicial resources. It will also conserve the parties’ resources, as it will avoid
duplicative discovery.

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STIPULATED MOTION AND ORDER FOR
CONSOLIDATION OF RELATED ACTIONS

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

1 4.

Pursuant to LCR 42(a) The Association and all Defendants stipulate that the later filed

2 lawsuits cause No. 2:16-cv-01983-JLR; and 2:17-cv-00082-TSZ shall be consolidated into the
3 current case: Nautica Condominium Owners Association v. Aspen Specialty Insurance Company
4 et al., Western District of Washington Cause No. 2:15-cv-01788-RSM
5 5.

The Association and all Defendants agree that the caption for the current case: Nautica

6 Condominium Owners Association v. Aspen Specialty Insurance Company et al., Western
7 District of Washington Cause No. 2:15-cv-01788-RSM BJR shall be amended to add all
8 Defendants.
9 6.

Nautica Condominium Owners Association v. Aspen Specialty Insurance Company et al.,

10 Western District of Washington Cause No. 2:15-cv-01788-RSM, is currently set for a jury trial
11 on September 11, 2017. Case schedules for cause No. 2:16-cv-01983-JLR; and 2:17-cv-0008212 TSZ have not been set.
13 7.

The parties agree that trial shall take place on March 27, 2018 or as soon thereafter as

14 permitted by the Court's schedule. The parties agree and request that the case schedule for 2:1515 cv-01788-RSM shall govern this lawsuit, and that this case schedule and its deadlines be
16 extended in a way consistent with a March 27, 2018 trial date or a date soon thereafter.
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The Association and all Defendants who have appeared in the three lawsuits have met and

18 conferred regarding this Stipulation and Proposed Order, as called for in LCR 42(b).
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STIPULATED MOTION AND ORDER FOR
CONSOLIDATION OF RELATED ACTIONS

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

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DATED 03/06/17

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By /s/ Daniel Stein
Justin Sudweeks, WSBA #28755
Daniel Houser, WSBA 32327
Daniel Stein, WSBA #48739
Stein, Sudweeks & Houser, PLLC
Attorneys for Plaintiff Nautica Condominium Owners
Association

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6 DATED 03/06/17
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DATED 03/06/17

By _/s/ Daniel Stein, WSBA# 48739 for Jillian Hinman via
email authorization
Matthew Adams, WSBA #18820
Jillian Hinman, WSBA #40665
Forsberg & Umlauf
Attorneys for Defendant Hartford Fire Insurance Co.
By / s/ Daniel Stein, WSBA# 48739 for Owen Mooney via
email authorization
Daniel Rahn Bentson, WSBA #36825
Owen Mooney, WSBA #45779
Bullivant Houser Bailey, PC
Attorneys for Defendant Great American E & S Insurance
Company
By _/s/ Daniel Stein, WSBA# 48739 for Stephania Denton via
email authorization
Stephania C. Denton, WSBA No. 21920
1420 Fifth Ave., Suite 4200
Seattle, WA 98111
Attorneys for Defendant Commonwealth Insurance Company
of America

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STIPULATED MOTION AND ORDER FOR
CONSOLIDATION OF RELATED ACTIONS

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

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DATED 03/06/17

By / s/ Daniel Stein, WSBA# 48739 for Matt Erickson via
email authorization
Thomas Lether, WSBA #18089
Matt Erickson, WSBA #43790
1848 Westlake Avenue N, Suite 100
Seattle, WA 98109
P: [phone]/F: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant U.S. Fire Insurance Company

DATED 03/06/17

By _/s/ Daniel Stein, WSBA# 48739 for John Williams via
email authorization
John L. Williams (WSBA 39653)
Cozen O’Connor
999 Third Avenue, 19th Floor
Seattle, WA 98104
206-340-1000
[e-mail]
Attorneys for Chubb Custom Insurance Company

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STIPULATED MOTION AND ORDER FOR
CONSOLIDATION OF RELATED ACTIONS

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

II.

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ORDER

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Based on the foregoing Stipulation, it is hereby ORDERED:

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1)

That Nautica Condominium Owners Association v. U.S. Fire Insurance Company

4 et al., Western District of Washington Cause No. 2:16-cv-01983-RSM; and Nautica
5 Condominium Owners Association v. Commonwealth Insurance Company of America et al.,
6 Western District of Washington Cause No. 2:17-cv-00082-RSM shall be consolidated into the
7 current case: Nautica Condominium Owners Association v. Aspen Specialty Insurance Company
8 et al., Western District of Washington Cause No. 2:15-cv-01788-RSM.
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2)

That the caption for the current case: Nautica Condominium Owners Association

10 v. Aspen Specialty Insurance Company et al., Western District of Washington Cause No. 2:1511 cv-01788-RSM be amended to add all Defendants.
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3)

The parties agree that trial shall take place on March 27, 2018 or as soon

13 thereafter as permitted by the Court's schedule. The case schedule for 2:15-cv-01788-RSM shall
14 govern this lawsuit and be amended to reflect a March 27, 2018, trial date, or a date soon
15 thereafter, with its deadlines therein extended in a way consistent with the new trial date.
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4)

The Clerk shall post a copy of this order in 2:15-cv-01788-RSM, 2:16-cv-01983-

17 RSM, and 2:17-cv-00082-RSM.
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DATED this 8 day of March, 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATED MOTION AND ORDER FOR
CONSOLIDATION OF RELATED ACTIONS

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