City of Issaquah v. ORA Talus 90, LLC et al

Filing 191

ORDER re Parties' 186 Stipulated Motion. The Court grants the stipulated request that (1) the second, third, fourth, fifth, and sixth counterclaims alleged by ORA Talus 90, LLC and Resmark Equity Partners, LLC against the City of Issaquah be w ithdrawn without prejudice to prosecution the first counterclaim alleged by ORA Talus 90, LLC and Resmark Equity Partners, LLC and (2) the City of Issaquah's 163 Motion for Summary Judgment against ORA Talus 90, LLC and Resmark Equity Partners, LLC be withdrawn as moot. Signed by Judge Ricardo S. Martinez. (SR)

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HONORABLE RICARDO S. MARTINEZ

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CITY OF ISSAQUAH, a municipal
corporation,
Plaintiff,

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STIPULATION AND ORDER TO
WITHDRAW CERTAIN CLAIMS FOR
RELIEF ALLEGED AS COUNTERCLAIMS
AGAINST THE CITY OF ISSAQUAH

v.

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Case No.: 18-cv-00910 RSM

ORA TALUS 90, LLC, a Delaware limited
liability company; and RESMARK EQUITY
PARTNERS, LLC, a Delaware limited liability
NOTED ON MOTION CALENDAR:
company, et al.
June 24, 2021
Defendants.

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I.

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1.

STIPULATION

ORA Talus 90, LLC and Resmark Equity Partners, LLC have agreed that they will

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withdraw their second, third, fourth, fifth and sixth counterclaims alleged against the City of

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Issaquah without prejudice to prosecution of their first counterclaim which encompasses all of

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their claims for relief and damages sought against the City of Issaquah.

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2.

The City of Issaquah agrees to the withdrawal of the second, third, fourth, fifth, and

sixth counterclaims on these terms.
3.

Based on the foregoing, the City of Issaquah withdraws as moot its pending Motion

for Summary Judgment against ORA Talus, 90, LLC and Resmark Equity Partners, LLC.

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STIPULATION AND ORDER TO WITHDRAW CERTAIN CLAIMS
FOR RELIEF ALLEGED AS COUNTERCLAIMS AGAINST THE
CITY OF ISSAQUAH- 1
(Case No. 18-cv-00910 RSM)

LAW OFFICES

HARRIGAN LEYH FARMER & THOMSEN LLP
999 THIRD AVENUE, SUITE 4400
SEATTLE, WASHINGTON 98104
TEL [phone] FAX [phone]

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DATED this 24th day of June, 2021.

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CAIRNCROSS & HEMPELMANN, P.S.

HARRIGAN LEYH FARMER & THOMSEN LLP

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By: s/Terence J. Scanlan
By: s/Patricia A. Laughman
Terence J. Scanlan, WSBA #19498
Patricia A. Laughman, WSBA # 46716
524 Second Avenue, Suite 500
Seattle, WA 98104-2323
Telephone: [phone]
Facsimile: 206-447-1973
Email: [e-mail]
Email: [e-mail]

By: s/Arthur W. Harrigan, Jr.
By: s/Tyler L. Farmer
Arthur W. Harrigan, Jr. WSBA #1751
Tyler L. Farmer, WSBA #39912
999 Third Avenue, Suite 4400
Seattle, WA 98104
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]

KEATING, BUCKLIN & MCCORMACH,
INC., P.S.

BROWN WHITE & OSBORN LLP

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By: s/Michael C. Walter
Michael C. Walter, WSBA #15044
801 Second Avenue, Suite 1210
Seattle, WA 98104
Telephone: [phone]
Email: [e-mail]
Attorneys for the City of Issaquah

By: s/Cynthia M. Cohen
Cynthia M. Cohen, Admitted Pro Hac Vice
333 S. Hope Street, Suite 4000
Los Angeles, CA 90071
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for ORA Talus 90, LLC and Resmark
Equity Partners, LLC

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STIPULATION AND ORDER TO WITHDRAW CERTAIN CLAIMS
FOR RELIEF ALLEGED AS COUNTERCLAIMS AGAINST THE
CITY OF ISSAQUAH- 2
(Case No. 18-cv-00910 RSM)

LAW OFFICES

HARRIGAN LEYH FARMER & THOMSEN LLP
999 THIRD AVENUE, SUITE 4400
SEATTLE, WASHINGTON 98104
TEL [phone] FAX [phone]

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ORDER

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Based on the above stipulation of the parties, the Court grants the stipulated request that (1)

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the second, third, fourth, fifth, and sixth counterclaims alleged by ORA Talus 90, LLC and Resmark

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Equity Partners, LLC against the City of Issaquah be withdrawn without prejudice to prosecution

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the first counterclaim alleged by ORA Talus 90, LLC and Resmark Equity Partners, LLC and (2)

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the City of Issaquah’s Motion for Summary Judgment against ORA Talus 90, LLC and Resmark

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Equity Partners, LLC be withdrawn as moot.

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DATED this 25th day of June, 2021.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Presented by:

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HARRIGAN LEYH FARMER & THOMSEN LLP

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By: s/Arthur W. Harrigan, Jr.
By: s/Tyler L. Farmer
Arthur W. Harrigan, Jr. WSBA #1751
Tyler L. Farmer, WSBA #39912
999 Third Avenue, Suite 4400
Seattle, WA 98104
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]

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STIPULATION AND ORDER TO WITHDRAW CERTAIN CLAIMS
FOR RELIEF ALLEGED AS COUNTERCLAIMS AGAINST THE
CITY OF ISSAQUAH- 3
(Case No. 18-cv-00910 RSM)

LAW OFFICES

HARRIGAN LEYH FARMER & THOMSEN LLP
999 THIRD AVENUE, SUITE 4400
SEATTLE, WASHINGTON 98104
TEL [phone] FAX [phone]

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BROWN WHITE & OSBORN LLP

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By: s/Cynthia M. Cohen
Cynthia M. Cohen, Admitted Pro Hac Vice
333 S. Hope Street, Suite 4000
Los Angeles, CA 90071
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for ORA Talus 90, LLC and Resmark Equity
Partners, LLC
CAIRNCROSS & HEMPELMANN, P.S.
By: s/Terence J. Scanlan
By: s/Patricia A. Laughman
Terence J. Scanlan, WSBA #19498
Patricia A. Laughman, WSBA # 46716
524 Second Avenue, Suite 500
Seattle, WA 98104-2323
Telephone: [phone]
Facsimile: 206-447-1973
Email: [e-mail]
Email: [e-mail]
KEATING, BUCKLIN & MCCORMACH, INC., P.S.
By: s/Michael C. Walter
Michael C. Walter, WSBA #15044
801 Second Avenue, Suite 1210
Seattle, WA 98104
Telephone: [phone]
Email: [e-mail]

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Attorneys for the City of Issaquah

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STIPULATION AND ORDER TO WITHDRAW CERTAIN CLAIMS
FOR RELIEF ALLEGED AS COUNTERCLAIMS AGAINST THE
CITY OF ISSAQUAH- 4
(Case No. 18-cv-00910 RSM)

LAW OFFICES

HARRIGAN LEYH FARMER & THOMSEN LLP
999 THIRD AVENUE, SUITE 4400
SEATTLE, WASHINGTON 98104
TEL [phone] FAX [phone]