Unigard Insurance Company v. Metro Metals Northwest, Inc. et al

Filing 38

ORDER granting 34 Motion to Voluntarily Dismiss all Counterclaims (ONLY) without prejudice; the Clerk will enter a judgment consistent with this Order; signed by Judge Ronald B. Leighton.(DN)

HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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UNIGARD INSURANCE COMPANY,
Plaintiff,
v.
METRO METALS NORTHWEST,
INC., et al.,

CASE NO. C17-5743 RBL
ORDER GRANTING DISMISSAL OF
COUNTERCLAIMS WITHOUT
PREJUDICE.
[Dkt. #34]

Defendants.
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THIS MATTER is before the Court on defendants’ Motion to Voluntarily Dismiss
(without prejudice) their counterclaims under Fed. R. Civ. P. 41(c), and for entry of a final,
appealable judgment under Rule 58(d). [Dkt. # 34]. Plaintiff Unigard does not oppose the
motion, but it does seek dismissal with prejudice of any “bad faith” counterclaim based on
conduct prior to the Court’s October 11, 2018 Order [Dkt. # 33]. That Order determined that
Unigard’s policies did not provide coverage and that it therefore had no duty to defend or
indemnify Defendants in the underlying action (Port of Vancouver, USA v. Metro Metals and
Pacific Coast Shredding, cause No. 17-cv-5571RBL).

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ORDER GRANTING DISMISSAL OF
COUNTERCLAIMS WITHOUT PREJUDICE. - 1

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Defendants argue that all dismissals should be without prejudice because none of the

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counterclaims were litigated. The Court agrees, though the Court’s prior Order will necessarily

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have some impact on the viability of any bad faith claim.

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The Motion for Voluntarily Dismissal is GRANTED and all of Metro Metals’ and

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Pacific Coast Shredding’s counterclaims are DISMISSED without prejudice. The clerk shall

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enter a final judgment consistent with this Order (and with the Court’s prior Order) under Rule

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58. Unigard may withdraw from the defense of the Defendants in the underlying action, effective

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October 11, 2018.

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IT IS SO ORDERED.
Dated this 26th day of November, 2018.

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A

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Ronald B. Leighton
United States District Judge

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[DKT. #34] - 2