Opinion
3:22-cv-5565 RSM
01-06-2023
AMERICAN HALLMARK INSURANCE COMPANY OF TEXAS, a foreign insurer, Plaintiff, v. CHRISTIAN BECK, individually, SCOTT HOLLAND, individually, DANNA HOLLAND, individually, RHINE DEMOLITION LLC, a Washington corporation, RHINE GROUP INC., a Washington corporation, RON SPARKS INC., a foreign for-profit corporation, G.M NORTHRUP CORPORATION, a Minnesota corporation, O'REILLY AUTOMOTIVE ENTERPRISES, LLC, a foreign for-profit corporation, and RSI STORES, INC, a foreign for-profit corporation, Defendant.
LETHER LAW GROUP, Kevin Kay, Thomas Lether, Eric J. Neal, Attorneys for Plaintiff, American Hallmark Insurance Company of Texas. PREG O'DONNELL & GILLETT, William Cornell, Christopher Roslaniec, Attorneys for Defendant, Ron Sparks, Inc.
LETHER LAW GROUP, Kevin Kay, Thomas Lether, Eric J. Neal, Attorneys for Plaintiff, American Hallmark Insurance Company of Texas.
PREG O'DONNELL & GILLETT, William Cornell, Christopher Roslaniec, Attorneys for Defendant, Ron Sparks, Inc.
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL OF DEFENDANT RON SPARKS, INC.
RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE.
I. STIPULATION
American Hallmark Insurance Company of Texas (hereinafter “Hallmark”) and Ron Sparks, Inc. (hereinafter "RSI") hereby agree and stipulate as follows:
1. RSI agrees to be bound by any decision or ruling regarding whether there is any coverage available for G.M. Northrup, Inc. (“G.M.”) under the Hallmark Policy number 44-CL- 000494289-02 for the claims made against G.M. in Christian Beck v. Rhine Demolition, LLC et al., King County Superior Court Cause No. 20-2-07117-5 SEA (the “Underlying Lawsuit”) regardless of whether any decision or ruling is made by the Court or by the jury in this matter.
2. RSI acknowledges and agrees that it has been provided with the opportunity to consult with counsel and that its representatives have signed this Stipulation free from any duress or undue influence on the part of Hallmark.
3. In consideration of this agreement, Hallmark agrees to dismiss RSI as a party defendant from its Complaint, without prejudice, and without fees or costs to either party.
II. ORDER
Based on the foregoing Stipulation, it is hereby ORDERED as follows:
1. Defendant Ron Sparks, Inc. will be bound by any decision or ruling regarding whether there is any coverage available for G.M. Northrup, Inc. (“G.M.”) under the Hallmark Policy number 44-CL-000494289-02 for the claims made against G.M. in Christian Beck v. Rhine Demolition, LLC et al., King County Superior Court Cause No. 20-2-07117-5 SEA (the “Underlying Lawsuit”) regardless of whether any decision or ruling is made by the Court or by the jury in this matter.
2. Defendant Ron Sparks Inc. is hereby DISMISSED as a party defendant from Plaintiff's Complaint, without prejudice, and without fees or costs to either party.