615 SW Ambaum Condo Association v. Aspen Specialty Insurance Company

Filing 20

ORDER granting Parties' 19 Third Stipulated MOTION to Stay. This matter is stayed until 2/10/2025. On or before 2/10/2025, the parties will (1) advise the Court that this case is ripe for resolution and/or litigation or (2) request a continuance of the stay for good cause. Signed by Judge James L. Robart. (SS)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45

Hon. James L. Robart

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE
615 SW AMBAUM CONDO
ASSOCIATION,

NO. 2:23-cv-00571-JLR
STATUS REPORT AND THIRD
STIPULATED MOTION AND
[PROPOSED] ORDER TO STAY

Plaintiff,
v.

NOTED ON MOTION CALENDAR:
MAY 10, 2024

ASPEN SPECIALTY INSURANCE
COMPANY,
Defendant.

STIPULATION
Plaintiff 615 SW Ambaum Condo Association (“Ambaum”) and Defendant Aspen
Specialty Insurance Company (“Aspen”), stipulate and agree as follows:
1. Ambaum is the association of owners who own condominiums in a building located
at 615 SW Ambaum Boulevard, Burien, King County, Washington (“Condo”).
2. This is an insurance coverage lawsuit arising from a March 13, 2021 fire at the
Condo.
3. Aspen provided property insurance coverage to Ambaum for the March 13, 2021 fire.

STATUS REPORT AND THIRD STIPULATED
MOTION AND [PROPOSED] ORDER TO STAY- 1
NO. 2:23-CV-00571-JLR

GO RDO N
T ILD E N
T H O M AS
C O R D E LL

600 University Street
Suite 2915
Seattle, WA 98101
206.467.6477

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45

4. Ambaum filed a Complaint in King County Superior Court against Aspen seeking
additional payment under the Aspen policy resulting from the fire.
5. Aspen timely removed this lawsuit to federal court.
6. Ambaum filed suit solely to preserve its rights under the Aspen insurance policy,
which contains a provision stating that suit must be filed within two years after the
date of loss.
7. Ambaum filed suit before the repairs to the Condo were complete solely to avoid
waiving rights against Aspen.
8. As a result, Ambaum’s insurance claim remains pending and is still being adjusted,
and this case is not ripe for final resolution.
9. Ambaum still has not yet been able to move forward with sale or replacement of the
property due to continued delays beyond its control caused by the death of one of the
unit owners, foreclosure related to another unit, and the notice it must provide (and
consent it must receive) from unit owners before making and acting on decisions
related to the Condo.
10. Ambaum’s inability to move forward with sale or replacement of the property as
described above has delayed the parties’ ability to move forward with adjusting
Ambaum’s insurance claims.
11. Ambaum and Aspen ask the Court to stay this matter for an additional nine months,
until February 10, 2025, to allow Ambaum additional time to move forward with sale
or replacement of the property.
12. If the Court enters the requested stay, Ambaum and Aspen stipulate that they will not
take any action related to this lawsuit without Court approval until February 10, 2025,
STATUS REPORT AND THIRD STIPULATED
MOTION AND [PROPOSED] ORDER TO STAY- 2
NO. 2:23-CV-00571-JLR

GO RDO N
T ILD E N
T H O M AS
C O R D E LL

600 University Street
Suite 2915
Seattle, WA 98101
206.467.6477

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45

at which time they will (1) advise the Court that this case is ripe for resolution and/or
litigation or (2) request a continuance of the stay.
13. Either party may ask the Court to terminate this stay upon 30 days’ written notice to
the other party.
DATED this 10th day of May, 2024.
GORDON TILDEN THOMAS & CORDELL LLP
Attorneys for Plaintiff
By

s/ Kasey D. Huebner
Kasey D. Huebner, WSBA #32890
600 University Street, Suite 2915
Seattle, Washington 98101
206.467.6477
[e-mail]

DATED this 10th day of May, 2024.
PREG O’DONNELL & GILLETT PLLC
Attorneys for Defendant
By

STATUS REPORT AND THIRD STIPULATED
MOTION AND [PROPOSED] ORDER TO STAY- 3
NO. 2:23-CV-00571-JLR

s/ Justin E. Bolster
Justin E. Bolster, WSBA #38198
901 Fifth Avenue, suite 3400
Seattle, WA 98164
206.287.1775
Email: [e-mail]

GO RDO N
T ILD E N
T H O M AS
C O R D E LL

600 University Street
Suite 2915
Seattle, WA 98101
206.467.6477

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45

DATED this 10th day of May, 2024.
LOBMAN, CARNAHAN, BATT, ANGELLE &
NADER
Attorneys for Defendant
By

s/ Charles R. Rumbley
Benjamin J. Russell, Pro Hac Vice
Charles R. Rumbley, Pro Hac Vice
James P. Nader, Pro Hac Vice
500 Poydras Street, Suite 2300
New Orleans, LA 70130
504.586.9292
Email: [e-mail];
[e-mail];
[e-mail];

[PROPOSED] ORDER
This matter is stayed until February 10, 2025. On or before February 10, 2025, the
parties will (1) advise the Court that this case is ripe for resolution and/or litigation or (2) request
a continuance of the stay for good cause.
Either party may ask the Court to terminate this stay upon 30 days’ written notice to the
other party.

DATED this 10th day of May, 2024.

A

The Honorable James L. Robart
U.S. District Court Judge

STATUS REPORT AND THIRD STIPULATED
MOTION AND [PROPOSED] ORDER TO STAY- 4
NO. 2:23-CV-00571-JLR

GO RDO N
T ILD E N
T H O M AS
C O R D E LL

600 University Street
Suite 2915
Seattle, WA 98101
206.467.6477