Premier Harvest et al v. AXIS Surplus Insurance Company et al
MINUTE ORDER granting Plaintiffs' 26 Motion to file supplemental information. The Court will rule on Defendant's motion to dismiss, however, not until after the scheduled date of the examinations, August 29 and 30, 2017. The Clerk is directed to RENOTE Defendant AXIS Surplus Insurance Company's 13 MOTION to Dismiss for 8/15/2017. Parties to submit a status update after 8/30/2017. Authorized by U.S. District Judge John C Coughenour. (PM)
THE HONORABLE JOHN C. COUGHENOUR
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
PREMIER HARVEST LLC, et al.,
CASE NO. C17-0784-JCC
AXIS SURPLUS INSURANCE
COMPANY, et al.,
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 on Defendant AXIS Surplus Insurance Company’s
motion to dismiss (Dkt. No. 13), Plaintiffs’ motion for leave to file supplemental information
(Dkt. No. 26), the Court’s minute order (Dkt. No. 28), and Defendant’s status report filed at the
request of the Court (Dkt. No. 29). For the foregoing reasons, Defendant’s motion to dismiss
(Dkt. No. 13) is RENOTED to September 15, 2017. Additionally, Plaintiffs’ motion to file
supplemental information (Dkt. No. 26) is GRANTED.
Defendant 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
MINUTE ORDER C17-0784-JCC
PAGE - 1
and Lisa Anderson. (Id. at 1–2.) Defendant requested the Court dismiss the case without
prejudice or enter a stay until the examinations under oath take place. (Id. at 2.)
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.) The Court requested Defendant
provide a status update, indicating whether it intends to have the Court rule on the motion to
dismiss. (Dkt. No. 28.)
Defendant filed a status report, indicating that it does not intend to withdraw its motion to
dismiss. (Dkt. No. 29 at 1.) Specifically, Defendant argues that “scheduling is not the policy
requirement. The policy requires the insured to submit to a requested [examination under oath].”
(Id. at 1–2.) Defendant therefore requests the Court rule on the motion as submitted and dismiss
the case without prejudice. (Id. at 2.)
The Court will therefore rule on Defendant’s motion to dismiss, however, not until after
the scheduled date of the examinations, August 29 and 30, 2017. The Clerk is DIRECTED to
RENOTE Defendant’s motion to dismiss (Dkt. No. 13) for September 15, 2017. After August
30, 2017, whether the examinations proceed as planned or not, the parties shall submit a status
update to the Court.
DATED this 10th day of August 2017.
William M. McCool
Clerk of Court
MINUTE ORDER C17-0784-JCC
PAGE - 2
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