Opinion
2:22-cv-01454-RSM 2:22-cv-01460-RSM
05-15-2023
EVANSTON INSURANCE COMPANY, an Illinois corporation, Plaintiff, v. NW CLASSIC BUILDERS LLC, a Washington limited liability company; ARH & ASSOCIATES INC., a Washington corporation; AMTRUST INTERNATIONAL UNDERWRITERS LIMITED, a foreign company; AMERICAN FIRE AND CASUALTY COMPANY, a foreign company; and NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, a foreign company, Defendants. NW CLASSIC BUILDERS, LLC, a Washington limited liability company, Plaintiff, v. EVANSTON INSURANCE COMPANY, an Illinois insurance company; and NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, a Pennsylvania insurance Company, Defendants.
CORR CRONIN LLP Kelly H. Sheridan, WSBA No. 44746 Laurel A.S. Brown, WSBA No. 59015 SPENCER FANE, LLP Jeremy A. Moseley (admitted pro hac vice) Robert M. Warzel, WSBA No. 56360 Attorneys for Evanston Insurance Company THE CHARTWELL LAW OFFICES, LLP Robert A. Meyers, WSBA No. 24846 Maintains Office in Washington Administrative Address for Service: Attorneys for American Fire and Casualty Company GILBERT LEVY BENNETT Bruce R. Gilbert, WSBA No. 25396 Attorneys for N.W. Classic Builders, LLC and AMTRUST International Underwriters Limited JENSEN MORSE BAKER, PLLC Gabe Baker, WSBA No. 28473 Benjamin J. Roesch, WSBA No. 39960 Attorneys for National Union Fire Insurance Company of Pittsburgh
CORR CRONIN LLP Kelly H. Sheridan, WSBA No. 44746 Laurel A.S. Brown, WSBA No. 59015 SPENCER FANE, LLP Jeremy A. Moseley (admitted pro hac vice) Robert M. Warzel, WSBA No. 56360 Attorneys for Evanston Insurance Company
THE CHARTWELL LAW OFFICES, LLP Robert A. Meyers, WSBA No. 24846 Maintains Office in Washington Administrative Address for Service: Attorneys for American Fire and Casualty Company
GILBERT LEVY BENNETT Bruce R. Gilbert, WSBA No. 25396 Attorneys for N.W. Classic Builders, LLC and AMTRUST International Underwriters Limited
JENSEN MORSE BAKER, PLLC Gabe Baker, WSBA No. 28473 Benjamin J. Roesch, WSBA No. 39960 Attorneys for National Union Fire Insurance Company of Pittsburgh
STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE ON MOTIONS FOR SUMMARY JUDGMENT
RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE
I. STIPULATION
COME NOW Evanston Insurance Company, N.W. Classic Builders LLC (“NW Classic”), ARH & Associates Inc., Amtrust International Underwriters Limited, American Fire and Casualty Company, and National Union First Insurance Company of Pittsburgh (collectively, the “Parties”) and respectfully submit this Stipulation and [Proposed] Order re: Briefing Schedule on Motions for Summary Judgment pursuant to Local Civil Rules 7(k) and 7(1).
NW Classic filed a Motion for Partial Summary Judgment on December 16, 2022. Dkt. No. 11 in consolidated case 2:22-CV-01460-RSM (the “Motion”). Other Parties have stated their intent to file their own early dispositive motions relating to the subject matter of the Motion once the lawsuits were consolidated and the pleadings closed. Dkt. No. 14 at pp. 4:8-9, 6:14, 7:5-9, 8:12. In lieu of filing sequential early dispositive motions that address overlapping facts and issues, as Local Civil Rule 7(k) encourages (1) N.W. Classic has since re-noted the hearing on the Motion and (2) the Parties have worked collaboratively to agree on a briefing schedule on N.W. Classic's Motion and the other Parties' related early dispositive motions. Dkt. No. 15 in consolidated case 2:22-CV-01460-RSM; see also Dkt. No. 22. The Parties have reached agreement upon the following schedule for those early dispositive motions:
• N.W. Classic's Motion will be re-noted for consideration on August 11, 2023;
• Any other Parties intending to file such early dispositive motions shall file their moving papers no later than June 15, 2023;
• Responses to N.W. Classic's Motion and any other such early dispositive motions shall be filed no later than July 17, 2023;
• Any replies in support of N.W. Classic's Motion and any other such early dispositive motions shall be filed no later than August 11, 2023.
Accordingly, the Parties respectfully request that the Court enter the following proposed order memorializing the terms of the Parties' stipulation, without prejudice to any party's right to file other dispositive motions to the extent otherwise authorized by the Order Setting Trial Date and Related Dates and the Local Civil Rules. Dkt. No. 18.
SO STIPULATED this 10th day of May, 2023.
II. ORDER
This matter having come before the Court based upon the foregoing stipulation of the Parties, and the Court finding good cause to adjust the briefing schedule on N.W. Classic's Motion for Partial Summary Judgment, Dkt. No. 11 in consolidated case 2:22-CV-01460-RSM (the “Motion”), and set a briefing schedule for any other forthcoming early dispositive motions relating to the subject matter of the Motion, it is hereby ORDERED as follows:
• N.W. Classic's Motion will be re-noted for consideration on August 11, 2023;
• Any other Parties intending to file such early dispositive motions shall file their moving papers no later than June 15, 2023;
• Responses to N.W. Classic's Motion and any other such early dispositive motions shall be filed no later than July 17, 2023;
• Any replies in support of N.W. Classic's Motion and any other such early dispositive motions shall be filed no later than August 11, 2023.
This Order is without prejudice to any party's right to file other dispositive motions to the extent otherwise authorized by the Order Setting Trial Date and Related Dates and the Local Civil Rules.