State Farm Fire and Casualty Company v. Home Depot Product Authority LLC et al

Filing 25

ORDER granting Parties' 24 Stipulated Motion to Remand to King County Superior Court. Plaintiff's 23 Motion to Remand is denied as moot. Per LCR 3(i), case will be remanded on the 15th day following the date of this Order, on 7/29/2021. Signed by Judge James L. Robart. (SR) Modified on 7/14/2021 to reflect that the docket, letter, and order were mailed to King County (SR).

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THE HONORABLE JUDGE JAMES L. ROBART

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IN THE UNITED STATES DISTRICT COURT

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FOR THE WESTERN DISTRICT OF WASHINGTON

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SEATTLE DIVISION

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STATE FARM FIRE AND CASUALTY
COMPANY as subrogee for Derek and Kirsten
Kalles,

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Plaintiff,

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v.

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HOME DEPOT PRODUCT AUTHORITY,
LLC, a Georgia corporation, and THE HOME
DEPOT, INC., a Georgia corporation,

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CAUSE NO. 2:21-CV-00323- JLR
STIPULATED MOTION TO REMAND
NOTING DATE: JULY 13, 2021

Defendants.

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Plaintiff State Farm and Casualty Company, as subrogee for Derek and Kirsten Kalles

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(“Plaintiff”) and Home Depot Product Authority, LLC and The Home Depot, Inc. (collectively

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“Home Depot”) stipulate as follows:

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1.

On October 7, 2020, Plaintiff commenced an action in the Superior Court of the

State of Washington in and for the County of King, entitled State Farm and Casualty Company,
as subrogee for Derek and Kirsten Kalles v. Home Depot Product Authority, LLC, a Georgia
STIPULATED MOTION TO REMAND
(CAUSE NO. 2:21-CV-00323- JLR )- Page 1

HOLT WOODS & SCISCIANI LLP
701 PIKE STREET, SUITE 2200
SEATTLE, WA 98101
P: [phone] F: [phone]

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corporation, and The Home Depot, Inc., a Georgia corporation, as Cause Number 20-2-149187 SEA (the “Action”).

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2.

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Plaintiff’s alleged damages exceeded $75,000.
3.

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4.

After some discussion, the Parties have agreed that the Action should be

remanded to the King County Superior Court. To that end, the Parties hereby stipulate that the
Action be remanded to King County Superior Court with the following agreed upon conditions:

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a.

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On March 9, 2021, Home Depot filed a notice of removal of the Action pursuant

to U.S.C. §1441(b) with the United States District Court for the Western District of Washington.

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On February 8, 2021, Plaintiff informed Home Depot for the first time that

By August 2, 2021, or fourteen (14) days after a joint evidence

examination between the Parties’ experts, whichever is later,1 Home Depot will assert in

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supplemental discovery responses any evidence then known to Home Depot in support of the

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allegation that Steven Ray Construction is a third-party that Home Depot asserts is liable in this

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lawsuit; and

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b.

If Home Depot alleges that Steven Ray Construction is a third-party to

whom liability is to be apportioned, Home Depot will stipulate to Plaintiff amending its

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Complaint to allege a claim against Steven Ray Construction. Plaintiff will amend its Complaint
within fourteen (14) days of receipt of Home Depot’s supplemental discovery responses, if any.

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The Parties will attempt to schedule the examination to take place by the close of business on August 2, 2021.
In the event the Parties’ experts are unable to coordinate a mutually agreed upon time for the examination by
August 2, the experts will schedule the examination for the soonest available date thereafter. In the event that the
examination is not scheduled to be held by August 2, 2021, the parties will meet and confer, between themselves
and their experts to schedule a date for the examination.

STIPULATED MOTION TO REMAND
(CAUSE NO. 2:21-CV-00323- JLR )- Page 2

HOLT WOODS & SCISCIANI LLP
701 PIKE STREET, SUITE 2200
SEATTLE, WA 98101
P: [phone] F: [phone]

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5.

The Parties further stipulate that each party shall bear its own attorneys’ fees and

costs with respect to the removal and subsequent remand of the Action pursuant to this stipulation
and order.

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DATED this 13th day of July, 2021.

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HOLT WOODS & SCISCIANI LLP

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By: s/ Kelsey L. Shewbert
By: s/ Kaytlin L. Carlson
Kelsey L. Shewbert, WSBA No. 51214
[e-mail]
Kaytlin L. Carlson, WSBA No. 52606
[e-mail]
Attorneys for Defendants
EVEZICH LAW OFFICES, P.L.L.C.

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By: s/ Craig Evezich
Craig Evezich, WSBA No. 20957
[e-mail]
Attorney for Plaintiff

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STIPULATED MOTION TO REMAND
(CAUSE NO. 2:21-CV-00323- JLR )- Page 3

HOLT WOODS & SCISCIANI LLP
701 PIKE STREET, SUITE 2200
SEATTLE, WA 98101
P: [phone] F: [phone]

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ORDER

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On July 13, 2021, the Parties in the above-referenced action filed a Stipulated Motion to

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Remand this Action. The Court having reviewed that stipulation and good cause appearing,

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orders as follows:
1. The parties’ stipulated motion is approved;
2. The pending motion to remand (Dkt. # 23) is DENIED as moot; and

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3. Western District of Washington Cause No. 2:21-CV-00323-JLR styled State Farm and

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Casualty Company, as subrogee for Derek and Kirsten Kalles v. Home Depot Product

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Authority, LLC, a Georgia corporation, and The Home Depot, Inc., a Georgia

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corporation is hereby remanded to King County Superior Court.
IT IS SO ORDERED.
Dated: ___July 14, 2021___________

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STIPULATED MOTION TO REMAND
(CAUSE NO. 2:21-CV-00323- JLR )- Page 4

A

____________________________
JUDGE JAMES L. ROBART