Opinion
2:20-cv-01719-RSL
12-27-2021
BARCELO HOMES, INC., a Washington corporation; BARCELO MADISON PARK, LLC, a Washington limited liability company, Plaintiffs, v. KINSALE INSURANCE COMPANY, a foreign insurance company, Defendant. KINSALE INSURANCE COMPANY, a foreign insurance company, Counterclaim and Third-Party Plaintiff, v. BARCELO HOMES, INC., a Washington corporation; BARCELO MADISON PARK, LLC, a Washington limited liability company, Counterclaim Defendant, and TRIBRACH CAPITAL, LLC, a Washington limited liability company; ODESSA CONDOMINIUM OWNERS ASSOCIATION, a Washington corporation; HENRY DAVID KENYON and MEREDITH WILKE KENYON, individuals and marital community; DANIEL LEVINE, an individual. Third-Party Defendants
HARPER | HAYES PLLC Todd C. Hayes, Withdrawing Attorneys for Plaintiffs Barcelo Homes, Inc. and Barcelo Madison Park, LLC LETHER LAW GROUP Thomas Lether Attorneys for Defendant and Third-Party Plaintiff Kinsale Insurance Company MILLER NASH LLP Tristan Swanson Substituting Attorneys for Plaintiff Barcelo Homes, Inc. and attorneys for Third-party Defendant Tribrach Capital, LLC RAFEL LAW GROUP PLLC Anthony L. Rafel, Attorneys for Third-Party Defendants Odessa Condominium Owners Association, Henry David and Meredith Wilke Kenyon, and Daniel Levine
NOTE ON MOTION CALENDAR: 12/23/2021
HARPER | HAYES PLLC Todd C. Hayes, Withdrawing Attorneys for Plaintiffs Barcelo Homes, Inc. and Barcelo Madison Park, LLC
LETHER LAW GROUP Thomas Lether Attorneys for Defendant and Third-Party Plaintiff Kinsale Insurance Company
MILLER NASH LLP Tristan Swanson Substituting Attorneys for Plaintiff Barcelo Homes, Inc. and attorneys for Third-party Defendant Tribrach Capital, LLC RAFEL LAW GROUP PLLC
Anthony L. Rafel, Attorneys for Third-Party Defendants Odessa Condominium Owners Association, Henry David and Meredith Wilke Kenyon, and Daniel Levine
STIPULATED MOTION: (1) TO DISMISS CERTAIN PARTIES; (2) TO REALIGN REMAINING PARTIES; (3) TO SUBSTITUTE COUNSEL; AND (4) TO STAY LITIGATION
ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE
I. INTRODUCTION
This insurance coverage dispute arose out of two underlying lawsuits: Odessa Condominium Owners Association, et al. v. Barcelo Madison Park, LLC, et al., King County Superior Court Case Number 19-2-14747-4; and Tribrach Capital v. Barcelo Homes, Inc. et al., King County Superior Court Case Number 19-2-19843-5.
The underlying Odessa matter has fully settled and there no longer remains any actual and justiciable controversy in this matter regarding the Odessa parties. As such, Odessa Condominium Owners Association, Henry David Kenyon, Meredith Wilke Kenyon, Daniel Levine, and Barcelo Madison Park, LLC may be dismissed from this matter.
The underlying Tribrach case was resolved by (among other things) Barcelo Homes, Inc. (BHI) assigning its rights against Kinsale to the claimant in that case, Tribrach Capital, LLC, who is represented by Tristan Swanson. Because Mr. Swanson's client now possesses the remaining BHI claims asserted in this lawsuit, the parties seek to have Mr. Swanson substituted in as counsel for BHI. The remaining parties agree that within 30 days after entry of the Court's Order, they will present a stipulated motion and proposed order granting
Tribrach leave to file an Amended Complaint pursuant to LCR 15, and providing Kinsale with 30 days to file an Answer thereto.
In addition, because the Tribrach case was resolved through a consent judgment settlement, the amount of that settlement will be subject to a RCW 4.22.060 Reasonableness Hearing before the King County Superior Court. The remaining parties to this action hereby jointly move for an Order Staying this case so that the parties may direct their efforts to the Reasonableness Hearing, with the exception of the stipulation and proposed order regarding amended pleadings, which the remaining parties will present within 30 days after entry of the Court's Order.
II. STIPULATION
Based on the foregoing, and in accordance with LCR 15 and LCR 83.2(b)(1), the parties hereby Stipulate and Agree to the following:
1. That Odessa Condominium Owners Association, Henry David Kenyon, Meredith Wilke Kenyon, Daniel Levine, and Barcelo Madison Park, LLC should be dismissed from this matter with prejudice and without recovery by or against them.
2. That the parties should be realigned to reflect the current matters remaining in dispute. Specifically, Tribrach Capital, LLC should be realigned as the Plaintiff in this matter as the assignee of Barcelo Homes, Inc.
3. That Tristan Swanson of Miller Nash LLP should be substituted as counsel for Barcelo Homes, Inc. and that Todd C. Hayes and Harper | Hayes PLLC shall be granted leave to withdraw as counsel for Barcelo Homes, Inc.
4. That within 30 days after entry of the Court's Order, the remaining parties shall present a stipulated motion and proposed order granting Tribrach leave to file an
Amended Complaint pursuant to LCR 15, and providing Kinsale with 30 days to file an Answer thereto.
5. That this matter should be otherwise stayed pending resolution of the
Reasonableness Hearing in the Tribrach matter. The remaining parties propose that the Court order them to present a joint status report within twenty (20) days of completion of the Reasonableness Hearing.
It is so stipulated.
DATED this 23rd day of December 2021.
III. ORDER
The Court has reviewed the above stipulation AND HEREBY ORDERS:
1. That Odessa Condominium Owners Association, Henry David Kenyon, Meredith Wilke Kenyon, Daniel Levine, and Barcelo Madison Park, LLC are hereby DISMISSED from this matter with prejudice and without recovery by or against them.
2. That the parties are hereby realigned to reflect the current matters remaining in dispute. The Plaintiff in this matter shall be Tribrach Capital, LLC, as the assignee of Barcelo Homes, Inc., and the Defendant/Counterclaimant shall be Kinsale Insurance Company.
3. That within 30 days after entry of the Court's Order, the remaining parties shall present a stipulated motion and proposed order granting Tribrach leave to file an Amended Complaint no later than thirty (30) days after entry of this Order. Kinsale Insurance Company shall file an Answer to Tribrach's Amended Complaint within thirty (30) days of Tribrach's filing.
4. That Tristan Swanson of Miller Nash LLP is substituted as counsel for Barcelo Homes, Inc., and that Todd C. Hayes and Harper | Hayes PLLC are hereby granted leave to withdraw as counsel for Barcelo Homes, Inc.
5. That this matter is hereby STAYED pending resolution of the Reasonableness Hearing in the Tribrach matter, except as provided in Paragraph 3 of this Order. The remaining parties shall file a joint status report within twenty (20) days of completion of the Reasonableness Hearing.