2FL Enterprises, LLC v. Houston Specialty Insurance Company

Filing 27

ORDER granting 26 Stipulated Motion to stay proceedings pending the resolution of the underlying matter. This matter is stayed pending a resolution in MCS Investments, LLC v. 2FL Enterprises, LLC, King County Superior Court Case No. 16-2-09143-1 SEA. Parties to file a Joint Status Report by 9/7/2018, and every 60 days thereafter. Signed by Judge Marsha J. Pechman. (PM)

Honorable Marsha J. Pechman

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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2FL ENTERPRISES, LLC, a Washington
limited liability company,

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STIPULATED MOTION AND ORDER TO
STAY PROCEEDING PENDING THE
RESOLUTION OF THE UNDERLYING
MATTER

Plaintiff,

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vs.

HOUSTON SPECIALTY INSURANCE
COMPANY, a foreign insurance company,

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Defendant.

No. 2:17-cv-00676-MJP

NOTE ON MOTION CALENDAR:
March 7, 2018

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STIPULATED MOTION

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IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto, 2FL

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Enterprises, LLC, (“2FL”) Plaintiff, by and through its attorneys Gregory L. Harper and Charles

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K. Davis of Harper Hayes, PLLC and Defendant Houston Specialty Insurance Company (“HSIC”),

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by and through its attorneys, Gregory S. Worden and Sarah Demaree Macklin of Lewis Brisbois

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Bisgaard and Smith LLP, to stay proceedings in this matter, including discovery and all matters

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set forth in the Scheduling Orders (ECF 13, 25) including trial pending a resolution of the

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underlying lawsuit: MCS Investments, LLC v. 2FL Enterprises, LLC, King County Superior Court

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Case No. 16-2-09143-1 SEA.

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This case is an insurance coverage dispute arising out of the underlying lawsuit against

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2FL: The trial date in the underlying lawsuit was recently continued until November 5, 2018. This

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case is currently set to begin trial on August 6, 2018. The proceedings in this case arise out of and

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are related to the proceeding in the underlying case, and the outcome of that case may impact this
STIPULATED MOTION AND ORDER TO STAY PROCEEDING PENDING
THE RESOLUTION OF THE UNDERLYING MATTER - 1
USDC WD WA CAUSE NO. 2:17-cv-00676-MJP

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case.

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No party will be prejudiced by the proposed stay. Further, it is likely without a stay the

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cost and expenses to each party will unnecessarily increase and judicial resources be wasted.

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Finally, the resolution of the underlying matter may simplify matters before this court and or limit

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the issues before this court.

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For these reasons, the parties respectfully request that the Court grant the stipulated motion

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and stay this case for purposes of discovery and trial. The parties further request that the clerk issue

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a new scheduling order to be entered after the resolution of the underlying matter including all

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deadlines from expert disclosure forward.

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The parties agree to provide a status report to the Court regarding the underlying lawsuit
and issues relevant to the stay of this lawsuit no later than September 7, 2018.

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DATED: March 7, 2018
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LEWIS BRISBOIS BISGAARD & SMITH LLP

HARPER | HAYES PLLC

By: s/Gregory S. Worden
By: s/Sarah D. Macklin

By: s/ Gregory L. Harper
By: s/ Charles K. Davis

Gregory S. Worden, WSBA #24262
Sarah D. Macklin, WSBA #49624
1111 3rd Ave., Suite 2700
Seattle, WA 98101
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Defendant

Gregory L. Harper, WSBA No. 27311
Charles K. Davis, WSBA No. 38231
600 University Street, Suite 2420
Seattle, WA 98101
Tel. [phone]
Fax. [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff

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STIPULATED MOTION AND ORDER TO STAY PROCEEDING PENDING
THE RESOLUTION OF THE UNDERLYING MATTER - 2
USDC WD WA CAUSE NO. 2:17-cv-00676-MJP

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II. ORDER

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Based on the above stipulation, IT IS ORDERED:

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This matter is stayed pending a resolution in MCS Investments, LLC v. 2FL Enterprises,

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LLC, King County Superior Court Case No. 16-2-09143-1 SEA. The parties shall provide a status

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report to the Court regarding the underlying lawsuit and issues relevant to the stay of this lawsuit

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no later than September 7, 2018, and every 60 days thereafter. The parties to this case shall

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promptly inform the Court upon learning of the resolution of the King County Superior court case.

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Any party may seek to lift or modify the stay if changed circumstances warrant lifting or modifying

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the stay. Upon lifting the stay, the clerk will issue a new scheduling order for this matter

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scheduling from expert disclosure forward.

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DATED: ___March 8, 2018_____

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A

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Marsha J. Pechman
United States District Judge

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Presented by
LEWIS BRISBOIS BISGAARD & SMITH LLP

HARPER | HAYES PLLC

By: s/Gregory S. Worden
By: s/Sarah D. Macklin

By: s/ Gregory L. Harper
By: s/ Charles K. Davis

Gregory S. Worden, WSBA #24262
Sarah D. Macklin, WSBA #49624
1111 3rd Ave., Suite 2700
Seattle, WA 98101
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Defendant

Gregory L. Harper, WSBA No. 27311
Charles K. Davis, WSBA No. 38231
600 University Street, Suite 2420
Seattle, WA 98101
Tel. [phone]
Fax. [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff

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STIPULATED MOTION AND ORDER TO STAY PROCEEDING PENDING
THE RESOLUTION OF THE UNDERLYING MATTER - 3
USDC WD WA CAUSE NO. 2:17-cv-00676-MJP