Carpenters Health and Security Trust of Western Washington et al v. Best Quality Siding, LLC et al

Filing 14

STIPULATION AND ORDER granting 13 request for amendment to Court's 11/16/2017 Order. Court will issue new deadlines; vacating the 9 Order of Default against Defendant Best Quality Siding, LLC; striking Plaintiffs' 10 Motion for Le ave to Withdraw and Substitute Counsel; Ekman Cushing Maxwell, P.S. has leave to withdraw and McKenzie Rothwell Barlow & Coughran, P.S. has leave to substitute, with Jeffrey G. Maxwell remaining as counsel for the Carpenters Trusts. Signed by Judge Ricardo S Martinez. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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CARPENTERS HEALTH AND SECURITY
TRUST OF WESTERN WASHINGTON;
CARPENTERS RETIREMENT TRUST OF
WESTERN WASHINGTON; CARPENTERSEMPLOYERS VACATION TRUST OF
WESTERN WASHINGTON; and
CARPENTERS-EMPLOYERS
APPRENTICESHIP AND TRAINING TRUST
OF WESTERN WASHINGTON,

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v.

Cause No. 17-cv-1645 RSM
STIPULATION REQUESTING
AMENDED CASE SCHEDULING
ORDER, STRIKING ORDER OF
DEFAULT, AND STRIKING
MOTION FOR LEAVE TO
WITHDRAW AND SUBSTITUTE

Plaintiffs,

BEST QUALITY SIDING, LLC, a Washington
limited liability company; and CARMEN
KUCINSKI, an individual,
Defendants.

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I. STIPULATION
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Plaintiffs, commonly known as the Carpenters Trusts of Western Washington, through
their counsel Jeffrey G. Maxwell, Esq. and McKenzie Rothwell Barlow & Coughran, P.S.;
and Defendants Best Quality Siding, LLC (“BQS”) and Carmen Kucinski, through their
counsel Judd H. Lees, Esq. and Sebris Busto James, because of the default of Defendant BQS
and the recent appearance of counsel for the Defendants (Dkt. #12), stipulate to the following:
STIPULATION AND ORDER – 1
17-cv-1645 RSM

McKENZIE ROTHWELL
BARLOW & COUGHRAN, P.S.
1325 FOURTH AVE., SUITE 910
SEATTLE, WA 98101
[phone]

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1.

The Parties request amendment of the Court’s November 16, 2017 Order

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Regarding Initial Disclosures, Joint Status Report, and Early Settlement (Dkt. #3) to afford

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the Parties time to comply with the FRCP and Joint Status Report requirements;

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2.

against Defendant Best Quality Siding, LLC (Dkt. #9);

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3.

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The Parties stipulate that Defendant BQS has 21 days from the date of the

Court’s order on this stipulation to answer the Complaint;

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The Parties request the Court strike its December 19, 2017 Order of Default

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The Parties request the Court strike the Carpenters Trusts’ January 3, 2018

Motion for Leave to Withdraw and Substitute Counsel for Plaintiffs (Dkt. ##10, 10-1, 11);
and
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Defendants stipulate to the withdrawal of Jeffrey G. Maxwell, Esq. and Ekman

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Cushing Maxwell, P.S. and the substitution of Jeffrey G. Maxwell, Esq. and McKenzie

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Rothwell Barlow & Coughran, P.S. as counsel for the Carpenters Trusts.

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Dated: January 5, 2018.

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s/ Jeffrey G. Maxwell
Jeffrey G. Maxwell, WSBA #33503
McKENZIE ROTHWELL BARLOW
& COUGHRAN, P.S.
1325 Fourth Avenue, Suite 910
Seattle, Washington 98101
[phone]
[e-mail]

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Counsel for the Plaintiff Carpenters Trusts of
Western Washington

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STIPULATION AND ORDER – 2
17-cv-1645 RSM

McKENZIE ROTHWELL
BARLOW & COUGHRAN, P.S.
1325 FOURTH AVE., SUITE 910
SEATTLE, WA 98101
[phone]

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Dated: January 4, 2018.

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s/ Judd H. Lees (email authorization)
Judd H. Lees, WSBA #10673
Sebris Busto James
14205 SE 36th Street, Suite 325
Bellevue, Washington 98006
[phone]
[e-mail]

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Counsel for Defendants Best Quality Siding,
LLC and Carmen Kucinski

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II. ORDER
This matter is before the Court on the Parties’ stipulation. The Court has considered
the stipulation as well as the pleadings, court files, and records in this matter and ORDERS:
1.

The Parties request for amendment of the Court’s November 16, 2017 Order
Regarding Initial Disclosures, Joint Status Report, and Early Settlement (Dkt.
#3) is granted; the Court will issue new deadlines;

2.

The December 19, 2017 Order of Default against Defendant Best Quality
Siding, LLC (Dkt. #9) is vacated;

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Defendant Best Quality Siding, LLC is ordered to file and serve its answer to
the Complaint (Dkt. #1) within 21 days of the date of this order;

4.

The Carpenters Trusts’ Motion for Leave to Withdraw and Substitute Counsel
for Plaintiffs (Dkt. ##10, 10-1, 11) is stricken; and

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Ekman Cushing Maxwell, P.S. has leave to withdraw and McKenzie Rothwell
Barlow & Coughran, P.S. has leave to substitute, with Jeffrey G. Maxwell
remaining as counsel for the Carpenters Trusts.

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Dated: January 8, 2018.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER – 3
17-cv-1645 RSM

McKENZIE ROTHWELL
BARLOW & COUGHRAN, P.S.
1325 FOURTH AVE., SUITE 910
SEATTLE, WA 98101
[phone]