The Dentists Insurance Company v. Yousefian et al

Filing 94

STIPULATION AND ORDER re Parties' 93 Stipulated MOTION. Defendants' counterclaims relating to Business Interruption and Extra Expense coverage are stricken. Signed by Judge Robert S. Lasnik. (LH)

Case 2:20-cv-01076-RSL Document 94 Filed 09/16/22 Page 1 of 3

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
THE DENTISTS INSURANCE COMPANY,
Plaintiff,
v.
JOSEPH Z. YOUSEFIAN, DMD, MS and
JOSEPH Z. YOUSEFIAN, D.M.D., M.S.,
INC., P.S., doing business as Yousefian
Orthodontics,

NO. 2:20-CV-01076-RSL
STIPULATED MOTION AND ORDER
TO STRIKE DEFENDANTS’
COUNTERCLAIM RELATING TO
BUSINESS INTERRUPTION AND
EXTRA EXPENSE COVERAGE

Defendants.
Defendants wish to narrow this dispute by dropping their counterclaim alleging TDIC
underpaid them on their claim under the Business Interruption and Extra Expense portions of the
Policy. See Dkt. 40 at ¶¶ 3-5, 17-18, 26-28. This will enable the parties to focus their attention
on the major aspect of this dispute, that is, TDIC’s payments to Dr. Yousefian under the
Business Personal Property portion of the Policy. The parties continue in their effort to reach a
settlement of this dispute and expect that the Court’s ruling on the pending cross-motions for
summary judgment will facilitate those efforts.
For the foregoing reasons, the parties hereby stipulate that the above-referenced
counterclaim should be stricken.

STIPULATED MOTION TO STRIKE COUNTERCLAIM - 1
No. 2:20-cv-01076-RSL

GORDON
TILDEN
THOMAS
CORDELL

600 University Street
Suite 2915
Seattle, WA 98101
206.467.6477

Case 2:20-cv-01076-RSL Document 94 Filed 09/16/22 Page 2 of 3

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DATED this 15th day of September, 2022.
GORDON TILDEN THOMAS & CORDELL LLP
Attorneys for Defendants
By

s/ Michael P. Brown
Michael P. Brown, WSBA #45618
600 University Street, Suite 2915
Seattle, Washington 98101
206.467.6477
[e-mail]
[e-mail]

LETHER LAW GROUP
Attorneys for Plaintiff
By

s/ Eric J. Neal
Eric J. Neal, WSBA #31863
/s/ Kasie Kashimoto
Kasie Kashimoto, WSBA #54268
1848 Westlake Avenue N, Suite 100
Seattle, WA 98109
P: [phone]/F: [phone]
[e-mail]
[e-mail]

STIPULATED MOTION TO STRIKE COUNTERCLAIM - 2
No. 2:20-cv-01076-RSL

GORDON
TILDEN
THOMAS
CORDELL

600 University Street
Suite 2915
Seattle, WA 98101
206.467.6477

Case 2:20-cv-01076-RSL Document 94 Filed 09/16/22 Page 3 of 3

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ORDER
THIS MATTER came before the Court on the parties’ Stipulated Motion to Strike
Defendants’ Counterclaims for underpayment on their claims under the Business Interruption
and Extra Expense portions of the Policy. The Court has duly considered the pleadings, papers,
declarations, and exhibits submitted by the parties.
NOW, THEREFORE, IT IS HEREBY ORDERED as follows:
The parties’ Stipulated Motion is GRANTED. Defendants’ counterclaims relating to
Business Interruption and Extra Expense coverage are stricken.

Dated this 16th day of September, 2022.

Robert S. Lasnik
United States District Judge

STIPULATED MOTION TO STRIKE COUNTERCLAIM - 3
No. 2:20-cv-01076-RSL

GORDON
TILDEN
THOMAS
CORDELL

600 University Street
Suite 2915
Seattle, WA 98101
206.467.6477