Country Mutual Inc Co v. Atlasrhino Inc et al

Filing 34

ORDER granting Parties' 32 Stipulated Motion. The Court orders that: (1) Country's Second Claim for Relief (Declaratory Judgment Duty to Indemnify) is stayed pending final resolution of the underlying lawsuit giving rise to this coverage action and (2) Defendants' Second Counterclaim (Bad Faith) is dismissed without prejudice and without costs to either Party. Signed by Judge Marsha J. Pechman. (KRA)

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The Honorable Marsha J. Pechman

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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF WASHINGTON

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COUNTRY MUTUAL INSURANCE
COMPANY, a foreign company,

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Plaintiff,

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v.
ATLASRHINO, INC. DBA ZENAPTIC
CHIROPRACTIC, a Washington
corporation, and TROY DREILING, an
individual and the president of Atlasrhino,
Inc.,

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STIPULATED MOTION AND ORDER
TO STAY PLAINTIFF’S SECOND
CLAIM FOR RELIEF AND DISMISS
DEFENDANTS’ SECOND
COUNTERLCAIM
NOTED ON MOTION CALENDAR:
MARCH 4, 2025
(WITHOUT ORAL ARGUMENT)

Defendants.

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No. 3:24-cv-05853-MJP

Plaintiff and Counter Defendant COUNTRY Mutual Insurance Company (“Country”)
and Defendants and Counterclaimants AtlasRhino, Inc. dba Zenaptic Chiropractic and Troy
Dreiling (“Defendants”) (collectively the “Parties”) by and through their counsel of record,
hereby stipulate as follows:
The Parties have agreed to a resolution that moots Country’s Rule 12(b)(6) Motion to
Dismiss Defendants’ Counterclaim re Bad Faith [Dkt. 27]. Country agrees to stay its Second
Claim for Relief (Declaratory Judgment – Duty to Indemnify) pending final resolution of the
underlying lawsuit giving rise to this coverage action. Country will also withdraw the pending
Rule 12(b)(6) Motion. In exchange for Country’s agreements, Defendants agree to dismiss
STIPULATED MOTION AND ORDER TO STAY PLAINTIFF’S
SECOND CLAIM FOR RELIEF AND DISMISS DEFENDANTS’
SECOND COUNTERLCAIM
– PAGE 1 (Case No. 3:24-cv-05853-MJP)

1105 106211 4932-3838-9539 .v1

PATERNOSTER FARNELL & GREIN, LLP
Attorneys at Law
1030 SW Morrison Street
Portland, Oregon 97205
TELEPHONE [phone] FAX: [phone]

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without prejudice their Second Counterclaim (Bad Faith). The Parties respectfully request the

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Court enter an order consistent with the foregoing.

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In consideration of information presented in this stipulated motion, the Court orders

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that: (1) Country’s Second Claim for Relief (Declaratory Judgment – Duty to Indemnify) is

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stayed pending final resolution of the underlying lawsuit giving rise to this coverage action and

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(2) Defendants’ Second Counterclaim (Bad Faith) is dismissed without prejudice and without

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costs to either Party.

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IS SO ORDERED.

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DATED this 11th day of March, 2025.

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A

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THE HONORABLE MARSHA J. PECHMAN
United States District Judge

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STIPULATED MOTION AND ORDER TO STAY PLAINTIFF’S
SECOND CLAIM FOR RELIEF AND DISMISS DEFENDANTS’
SECOND COUNTERLCAIM
– PAGE 2 (Case No. 3:24-cv-05853-MJP)
1105 106211 4932-3838-9539 .v1

PATERNOSTER FARNELL & GREIN, LLP
Attorneys at Law
1030 SW Morrison Street
Portland, Oregon 97205
TELEPHONE [phone] FAX: [phone]

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Stipulated and Presented by:

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PATERNOSTER FARNELL & GREIN, LLP

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/s/ Gabriel J. Le Chevallier
Gabriel J. Le Chevallier, WSBA #62008
E-mail: [e-mail]
1030 SW Morrison Street
Portland, OR 97205
Telephone: [phone]
Fax: [phone]

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Attorney for Defendants

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I certify that this memorandum contains 184
words, in compliance with the Local Civil
Rules.

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SELMAN LEICHENGER EDSON HSU
NEWMAN & MOORE LLP
/s/ H. Matthew Munson
H. Matthew Munson, WSBA# 32019
Email: [e-mail]
Daehyun Kim, WSBA# 54955
Email: [e-mail]
600 University Street, Suite 2305
Seattle, WA 98101
Tel.: [phone]
Attorneys for Plaintiff

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STIPULATED MOTION AND ORDER TO STAY PLAINTIFF’S
SECOND CLAIM FOR RELIEF AND DISMISS DEFENDANTS’
SECOND COUNTERLCAIM
– PAGE 3 (Case No. 3:24-cv-05853-MJP)
1105 106211 4932-3838-9539 .v1

PATERNOSTER FARNELL & GREIN, LLP
Attorneys at Law
1030 SW Morrison Street
Portland, Oregon 97205
TELEPHONE [phone] FAX: [phone]