Mortenson Manson, A Joint Venture v. ACE American Insurance Company

Filing 15

ORDER granting 13 Stipulated Motion to allow filing of amended answer signed by Judge Ricardo S Martinez.(RS)

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The Honorable Ricardo S. Martinez

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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MORTENSON MANSON, A JOINT
10 VENTURE, a Washington joint venture,
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vs.

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No. 2:17-cv-00778 RSM

Plaintiff, STIPULATED MOTION TO ALLOW
FILING OF AMENDED ANSWER AND
ORDER

14 ACE AMERICAN INSURANCE COMPANY,
a foreign insurance company,
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Defendant.

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The parties hereto bring this Stipulated Motion to Allow Filing of Amended Answer to

18 permit Defendant ACE American Insurance Company (“ACE”) to file an Amended Answer to
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correct typographical errors in relevant dates set forth in Paragraphs 10 and 14 of ACE’s
original Answer filed on May 26, 2017 (Dkt. No. 7).

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As more than 21 days have elapsed since ACE filed and served its original Answer, Fed.
R. Civ. P. 15(a)(1)(A) requires a Motion because amendment “as a matter of right” is no longer

24 available. (Declaration of Scott M. Stickney in Support of Stipulated Motion to Allow Filing
25 of Amended Answer (“Stickney Decl.”) at ¶ 3.)
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STIPULATED MOTION TO ALLOW FILING
OF AMENDED ANSWER AND ORDER – 1
[2:17-cv-00778 RSM]
MES1443.080/2598342x

901 FIFTH AVENUE, SUITE 1700
SEATTLE, WASHINGTON 98164
TELEPHONE: [phone]
FAX: [phone]

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The parties believe it is in the interest of justice that the errors in ACE’s Answer be
corrected and thus bring this Stipulated Motion. (Stickney Decl. at ¶ 3.) Attached to the
Stickney Decl. as Exhibit A is a true and correct, redlined copy of the proposed pleading
entitled “Defendant ACE American Insurance Company’s Amended Answer,” which ACE will
file upon the Court’s anticipated grant of this Stipulated Motion. (Stickney Decl. at ¶ 4 &

7 Exhibit A.)
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DATED this 27th day of June, 2017.

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s/ Scott M. Stickney
Scott M. Stickney, WSBA #14540 ([e-mail])
Maria E. Sotirhos, WSBA #21726 ([e-mail])
Jeff M. Sbaih, WSBA #51551 ([e-mail])
Wilson Smith Cochran Dickerson
901 Fifth Avenue, Suite 1700
Seattle, WA 98164
Telephone [phone]; Fax [phone]

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Attorneys for ACE American Insurance Company

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s/ Angelia D. Wesch (per electronic authorization)
Angelia D. Wesch, WSBA# 23377 ([e-mail])
Oles Morrison Rinker & Baker LLP
701 Pike Street, Suite 1700
Seattle, WA 98101-3930
Telephone: [phone]; Fax: [phone]

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Attorneys for Plaintiff

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STIPULATED MOTION TO ALLOW FILING
OF AMENDED ANSWER AND ORDER – 2
[2:17-cv-00778 RSM]
MES1443.080/2598342x

901 FIFTH AVENUE, SUITE 1700
SEATTLE, WASHINGTON 98164
TELEPHONE: [phone]
FAX: [phone]

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ORDER
It is so Ordered.

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DATED this 28 day of June, 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATED MOTION TO ALLOW FILING
OF AMENDED ANSWER AND ORDER – 3
[2:17-cv-00778 RSM]
MES1443.080/2598342x

901 FIFTH AVENUE, SUITE 1700
SEATTLE, WASHINGTON 98164
TELEPHONE: [phone]
FAX: [phone]