Board of Trustees of the Employee Painters' Trust et al v. Champion Painting Specialty Services Corp et al

Filing 26

ORDER granting Parties' 25 Stipulated MOTION to Extend Deadline for Defendant Berkshire Hathaway Specialty Insurance Company to Respond to Complaint. The deadline for Defendant Berkshire to answer or otherwise respond to the Complaint is extended to 11/30/2021. Signed by Judge Marsha J. Pechman. (SB)

Case 2:21-cv-00858-MJP Document 26 Filed 11/16/21 Page 1 of 4

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The Honorable Marsha J. Pechman

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UNITED STATES DISTRICT COURT

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FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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BOARD OF TRUSTEES OF THE
EMPLOYEE PAINTERS’ TRUST; BOARD
OF TRUSTEES OF THE WESTERN
WASHINGTON PAINTERS DEFINED
CONTRIBUTION PENSION TRUST;
BOARD OF TRUSTEES OF THE DISTRICT
COUNCIL NO. 5 APPRENTICESHIP AND
TRAINING TRUST FUND; BOARD OF
TRUSTEES OF THE INTERNATIONAL
PAINTERS AND ALLIED TRADES
INDUSTRY PENSION FUND; BOARD OF
TRUSTEES OF THE FINISHING TRADES
INSTITUTE; BOARD OF TRUSTEES OF
THE PAINTERS AND ALLIED TRADES
LABOR MANAGEMENT COOPERATION
INITIATIVE; WESTERN WASHINGTON
SIGNATORY PAINTING EMPLOYERS
ASSOCIATION; AND INTERNATIONAL
UNION OF PAINTERS AND ALLIED
TRADES DISTRICT COUNCIL NO. 5,

Case No. 2:21-CV-00858-MJP
FIRST STIPULATED MOTION TO
EXTEND DEADLINE FOR
DEFENDANT BERKSHIRE
HATHAWAY SPECIALTY
INSURANCE COMPANY TO
RESPOND TO COMPLAINT

NOTE ON MOTION CALENDAR:
November 12, 2021

Plaintiffs,
v.
CHAMPION PAINTING SPECIALTY
SERVICES CORP., a Florida Corporation;
CARLOS HERNANDEZ, an individual;
BERKSHIRE HATHAWAY SPECIALTY
INSURANCE COMPANY, a Nebraska
Corporation; OLD REPUBLIC SURETY
CAPTION (2:21-CV-00858-MJP) - 1
126127278
60879124;2
60906548;1

FOX ROTHSCHILD LLP

1001 FOURTH AVENUE, SUITE 4500
SEATTLE, WA 98154
206.624.3600

Case 2:21-cv-00858-MJP Document 26 Filed 11/16/21 Page 2 of 4

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COMPANY, a Wisconsin corporation;
LIBERTY MUTUAL INSURANCE
COMPANY, a Massachusetts corporation;
WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION, a political subdivision
of the State of Washington; ROGNLIN’S,
INC., a Washington corporation; DOES &
ROES I-X,
Defendants.

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Plaintiffs Board of Trustees of the Employee Painters' Trust, et al. (collectively,
“Plaintiffs”), acting by and through their Counsel, Christensen James & Martin, and Defendant
Berkshire Hathaway Specialty Insurance Company (“Berkshire”), acting by and through its
Counsel, Fox Rothschild, LLP and Akerman, LLP, hereby stipulate and agree as follows:
1.

The Complaint in this matter was filed on June 25, 2021 [ECF No. 1].

2.

Summonses were issued as to all Defendants on August 27, 2021 [ECF No. 5].

3.

On October 22, 2021, the Insurance Commissioner of the State of Washington

issued a certificate of acceptance of service with respect to Defendant Berkshire.
4.

On November 11, 2021, Fox Rothschild, LLP and Akerman, LLP were engaged

to represent Defendant Berkshire.
5.

The current deadline for Defendant Berkshire to file a responsive pleading is

November 12, 2021.
6.

The parties have preliminarily discussed the possibility of settlement, but require

additional time for further negotiations.
7.

Plaintiffs and Defendant Berkshire agree to extend the deadline for Defendant

Berkshire to file a responsive pleading in this matter to allow time for the parties to more fully
explore settlement before significant fees and costs are incurred and to respond in good faith to
the Complaint, if necessary.
CAPTION (2:21-CV-00858-MJP) - 2
126127278
60879124;2
60906548;1

FOX ROTHSCHILD LLP

1001 FOURTH AVENUE, SUITE 4500
SEATTLE, WA 98154
206.624.3600

Case 2:21-cv-00858-MJP Document 26 Filed 11/16/21 Page 3 of 4

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8.

Plaintiffs and Defendant Berkshire hereby move the Court for an extension of the

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deadline for Defendant Berkshire to answer or otherwise respond to the Complaint to November

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30, 2021.

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9.

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currently pending.

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10.

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This matter is scheduled for trial on October 31, 2022, and there are no motions

This is the first request for an extension of time for Defendant Berkshire to file a

responsive pleading and is not requested to cause delay or for any other improper purpose.

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DATED this 12 day of November, 2021
CHRISTENSEN JAMES & MARTIN

FOX ROTHSCHILD LLP

By: s/ Wesley J. Smith
Wesley J. Smith, WSVA # 51934
7440 W. Sahara Ave.
Las Vegas, NV 89117
T: 702.255.1718
[e-mail]

By: s/ Mary DePaolo Haddad
Mary DePaolo Haddad
1001 Fourth Avenue, Suite 4500
Seattle, WA 98154
T: 206.624.3600
[e-mail]

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Counsel for Plaintiffs Board of Trustees of the And
Employee Painters' Trust, et al.

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AKERMAN LLP

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s/ Amy Moor Gaylord
Amy Moor Gaylord, Esq., pro hac vice pending
71 S. Wacker Drive, 47th Fl
Chicago, IL 60606
Phone: [phone]
Email: [e-mail]

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Attorneys for Defendants Champion Painting
Specialty Services Corp., Carlos Hernandez,
and Berkshire Hathaway Specialty Insurance
Company

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CAPTION (2:21-CV-00858-MJP) - 3
126127278
60879124;2
60906548;1

FOX ROTHSCHILD LLP

1001 FOURTH AVENUE, SUITE 4500
SEATTLE, WA 98154
206.624.3600

Case 2:21-cv-00858-MJP Document 26 Filed 11/16/21 Page 4 of 4

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IT IS SO ORDERED.
Dated: November 16, 2021.

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A

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Marsha J. Pechman
United States Senior District Judge

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CAPTION (2:21-CV-00858-MJP) - 4
126127278
60879124;2
60906548;1

FOX ROTHSCHILD LLP

1001 FOURTH AVENUE, SUITE 4500
SEATTLE, WA 98154
206.624.3600