Premier Harvest et al v. AXIS Surplus Insurance Company et al

Filing 28

MINUTE ORDER directing the Defendant to provide the Court with a status update within 5 days of this Order re: 13 motion to dismiss. Authorized by U.S. District Judge John C Coughenour. (PM)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 PREMIER HARVEST LLC, et al., 10 11 12 Plaintiffs, CASE NO. C17-0784-JCC MINUTE ORDER v. AXIS SURPLUS INSURANCE COMPANY, et al., 13 14 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 The following Minute Order is made by direction of the Court, the Honorable John C. Coughenour, United States District Judge: This matter comes before the Court sua sponte. Defendant Axis Surplus Insurance Company filed a motion to dismiss based on Plaintiffs’ failure to comply with the provisions of their insurance policy. (Dkt. No. 13 at 2.) Specifically, Defendant argued that it has not been able to conduct examinations under oath of Plaintiff Premier Harvest’s owners, Dustin and Lisa Anderson. (Id. at 1–2.) Defendant requested the Court dismiss the case or enter a stay until the examinations under oath take place. (Id. at 2.) Recently, Plaintiffs filed a motion for leave to file supplemental information, informing the Court that—because Mr. Anderson’s health has improved—the examinations under oath are scheduled to proceed at the end of August 2017. (Dkt. Nos. 26 and 27.) Given this fact, the Court MINUTE ORDER C17-0784-JCC PAGE - 1 1 ORDERS Defendant to provide the Court with a status update as to whether it intends to 2 withdraw or stay its motion to dismiss, or whether it intends to have the Court rule on the motion 3 to dismiss (Dkt. No. 13) and Plaintiffs’ motion for leave to file supplemental information (Dkt. 4 No. 26). 5 Defendant shall provide a status update within five days of this Order. 6 7 DATED this 4th day of August 2017. 8 William M. McCool Clerk of Court 9 /s/Paula McNabb Deputy Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MINUTE ORDER C17-0784-JCC PAGE - 2

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