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

Filing 196

ORDER re parties' 192 Stipulated Motion. Talus Management Services, LLC's 161 motion for summary judgment is withdrawn as moot. The JR Hayes & Sons, Inc./Talus 7&8 Investment, LLC 147 motion for summary judgment is partially withdrawn as moot only as it relates to the claims of ORA Talus 90, LLC and Resmark. The Court dismisses the ORA Talus 90, LLC's and Resmark Equity Partners, LLC's claims for relief only as against Talus Management Services, LLC and Talus 7&8 Investment, LLC. The Court also dismisses Talus Management Services, LLC's and Talus 7&8 Investment, LLC's claims for relief only as against ORA Talus 90, LLC and Resmark Equity Partners, LLC. The dismissals are with prejudice as to the dismissed parties only and are without prejudice or other effect on the respective claims alleged by the dismissed parties against other parties, not being dismissed here, that are contained in the same claims for relief and with each party bearing its own costs. Signed by Judge Ricardo S. Martinez.(PM) (Main Document 196 replaced on 6/29/2021. Incorrect order posted initially) (PM).

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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,
v.

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ORA TALUS 90, LLC, a Delaware limited
liability company; and RESMARK EQUITY
PARTNERS, LLC, a Delaware limited liability
company, et al.
Defendants.

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Case No.: 18-cv-00910 RSM
STIPULATION AND ORDER OF DISMISSAL
OF CLAIMS BY ORA TALUS 90, LLC,
RESMARK EQUITY PARTNERS, LLC,
TALUS 7 & 8 INVESTMENT, LLC AND
TALUS MANAGEMENT SERVICES, LLC
NOTED ON MOTION CALENDAR:
June 28, 2021

ORA TALUS 90, LLC, a Delaware limited
liability company; and RESMARK EQUITY
PARTNERS, LLC, a Delaware limited liability
company,
Third-Party Plaintiffs,
v.
TERRA TALUS LLC, a Washington limited
liability company; ELEMENT RESIDENTIAL
INC., a Washington corporation; JOSHUA
FREED, an individual; TERRA
ASSOCIATES, INC., a Washington
corporation; J.R. HAYES & SONS, INC., a
Washington corporation; TALUS
MANAGEMENT SERVICES LLC, a
Washington limited liability company; and
TALUS 7&8, LLC, a Washington limited
liability company,
Third-Party Defendants.
STIPULATION AND ORDER OF DISMISSAL OF CLAIMS BY ORA
TALUS 90, LLC, RESMARK EQUITY PARTNERS, LLC, TALUS 7
& 8 INVESTMENT, LLC AND TALUS MANAGEMENT SERVICES,
LLC- 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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I.
1.

STIPULATION

In its First Amended Third Party Complaint (Docket #34 (“First Am. Comp.”), ORA

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Talus 90, LLC and Resmark Equity Partners, LLC and their subrogated insurers (hereinafter

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collectively “ORA Talus”) brought claims against Talus Management Services, LLC(“TMS”) and

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Talus 7&8 Investment, LLC (“Talus 7/8”) arising out of a landslide that occurred on ORA Talus’

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property. Specifically, these claims were set forth in ORA Talus’s First Am. Comp. Third Claim for

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Relief for Common Law Indemnity and Fourth Claim of Relief for Negligent Damage to Real

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Property;

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2.

In its Third-Party Defendants Answer, Affirmative Defenses, Cross-Claims, and

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Counter-claims, to the Third-Party Plaintiffs’ First Amended Complaint (“Third-Party Defendants

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Response”)(Docket #39)), TMS and Talus 7/8 brought claims against ORA Talus. Specifically,

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these claims were set forth in the Third Party Defendants Response First Counterclaim of JR Hayes

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and Talus 7/8 Against ORA Talus for Public and Private Nuisance; First Counterclaim of Talus 7/8

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for Public and Private Nuisance; First Counterclaim of JR Hayes and Talus 7/8 for Common Law

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Indemnity; First Counterclaim of Talus 7/8 for Public and Private Nuisance; Second Counterclaim

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of JR Hayes and Talus 7/8 for Negligence; Sixth Crossclaim of Talus 7/8 for Breach of Contract;

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and Third Counterclaim of JR Hayes and Talus 7/8 for Declaratory Judgment;

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3.

The parties hereto have agreed to resolve these claims as against each other without

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prejudice or other effect on their respective claims against other parties that are contained in the

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same claims for relief and with each party bearing its own fees and costs;

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4.

TMS has a pending summary judgment motion against ORA Talus. JR Hayes and

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Talus 7/8 also have a pending summary judgment motion that includes requests for relief against

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ORA Talus. The TMS summary judgment motion is withdrawn as moot. The JR Hayes/Talus 7/8

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summary judgment is partially withdrawn as moot only as it relates to the claims of ORA Talus

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against Talus 7/8.

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STIPULATION AND ORDER OF DISMISSAL OF CLAIMS BY ORA
TALUS 90, LLC, RESMARK EQUITY PARTNERS, LLC, TALUS 7
& 8 INVESTMENT, LLC AND TALUS MANAGEMENT SERVICES,
LLC- 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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5.

Based on the foregoing, the parties respectfully request that the Court enter an order

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of dismissal with prejudice, the effect of which will be the dismissal of all of ORA Talus’s claims

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for relief only against TMS and Talus 7/8 and the dismissal of all of TMS’s and Talus 7/8’s claims

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for relief only against ORA Talus.

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DATED this 28th day of June, 2021.

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FOSTER GARVEY PC

HARRIGAN LEYH FARMER & THOMSEN LLP

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By: /s/ Jack P. Zahner
Jack P. Zahner, WSBA #24505
1111 Third Avenue, Suite 3000
Seattle, WA 98101
Telephone: [phone]
Email: [e-mail]
Attorney for J.R. Hayes & Sons, Inc, Talus
7&8 Investment, LLC, and Talus
Management Services LLC
PREG O’DONNELL & GILLETT PLLC

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]

By: /s/ John K. Butler
John K. Butler, WSBA #28528
Stephanie Ballard, WSBA #49268
901 5th Avenue, Suite 3400
Seattle WA 98164
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for J.R. Hayes & Sons, Inc.

BROWN WHITE & OSBORN LLP

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STOEL RIVES LLP

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

By: /s/ Patrick J. Mullaney
Patrick Mullaney, WSBA #21982
600 University Street, Suite 3600
Seattle, WA 98101
Telephone: [phone]
Facsimile: 206-386-7500
Email: [e-mail]
Attorneys for J.R. Hayes & Sons, Inc,
Talus 7&8 Investment, LLC, and Talus
Management Services LLC
STIPULATION AND ORDER OF DISMISSAL OF CLAIMS BY ORA
TALUS 90, LLC, RESMARK EQUITY PARTNERS, LLC, TALUS 7
& 8 INVESTMENT, LLC AND TALUS MANAGEMENT SERVICES,
LLC- 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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ORDER

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Based on the above stipulation of the parties, the Court orders as follows:

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1.

Talus Management Services, LLC’s motion for summary judgment is withdrawn as

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moot. The JR Hayes & Sons, Inc./Talus 7&8 Investment, LLC motion for summary judgment is

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partially withdrawn as moot only as it relates to the claims of ORA Talus 90, LLC and Resmark

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Equity Partners, LLC against Talus 7&8 Investment, LLC.

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2.

The Court dismisses the ORA Talus 90, LLC’s and Resmark Equity Partners, LLC’s

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claims for relief only as against Talus Management Services, LLC and Talus 7&8 Investment, LLC.

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The Court also dismisses Talus Management Services, LLC’s and Talus 7&8 Investment, LLC’s

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claims for relief only as against ORA Talus 90, LLC and Resmark Equity Partners, LLC. The

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dismissals are with prejudice as to the dismissed parties only and are without prejudice or other effect

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on the respective claims alleged by the dismissed parties against other parties, not being dismissed

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here, that are contained in the same claims for relief and with each party bearing its own costs.

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DATED this 29th 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:
HARRIGAN LEYH FARMER & THOMSEN LLP
By: s/Arthur W. Harrigan, Jr.
By: s/Tyler L. Farmer
STIPULATION AND ORDER OF DISMISSAL OF CLAIMS BY ORA
TALUS 90, LLC, RESMARK EQUITY PARTNERS, LLC, TALUS 7
& 8 INVESTMENT, LLC AND TALUS MANAGEMENT SERVICES,
LLC- 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]

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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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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
FOSTER GARVEY PC
By: /s/ Jack P. Zahner
Jack P. Zahner, WSBA #24505
1111 Third Avenue, Suite 3000
Seattle, WA 98101
Telephone: [phone]
Email: [e-mail]
Attorneys for J.R. Hayes & Sons, Inc, Talus 7&8
Investment, LLC, and Talus Management Services
LLC
PREG O’DONNELL & GILLETT PLLC
By: /s/ John K. Butler
John K. Butler, WSBA #28528
Stephanie Ballard, WSBA #49268
901 5th Avenue, Suite 3400
Seattle WA 98164
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for J.R. Hayes & Sons, Inc.
STIPULATION AND ORDER OF DISMISSAL OF CLAIMS BY ORA
TALUS 90, LLC, RESMARK EQUITY PARTNERS, LLC, TALUS 7
& 8 INVESTMENT, LLC AND TALUS MANAGEMENT SERVICES,
LLC- 5
(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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STOEL RIVES LLP

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By: /s/ Patrick J. Mullaney
Patrick Mullaney, WSBA #21982
600 University Street, Suite 3600
Seattle, WA 98101
Telephone: [phone]
Facsimile: 206-386-7500
Email: [e-mail]
Attorneys for J.R. Hayes & Sons, Inc,
Talus 7&8 Investment, LLC, and Talus Management
Services LLC

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STIPULATION AND ORDER OF DISMISSAL OF CLAIMS BY ORA
TALUS 90, LLC, RESMARK EQUITY PARTNERS, LLC, TALUS 7
& 8 INVESTMENT, LLC AND TALUS MANAGEMENT SERVICES,
LLC- 6
(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]