Opinion
2:19-cv-01802-JCC
12-17-2021
RED DOT CORPORATION, a Washington corporation, Plaintiff, v. TRAVELERS CASUALTY AND SURETY COMPANY f/k/a THE AETNA CASUALTY AND SURETY COMPANY, a foreign insurance company; and THE STANDARD FIRE INSURANCE COMPANY, a foreign insurance company, Defendants.
HARPER HAYES PLLC, Gregory L. Harper, WSBA No. 27311, Charles K. Davis, WSBA No. 38231, Attorneys for Plaintiff. GORDON & POLSCER, L.L.C., T. Arlen Rumsey, WSBA No. 19048, Attorneys for Defendants
HARPER HAYES PLLC, Gregory L. Harper, WSBA No. 27311, Charles K. Davis, WSBA No. 38231, Attorneys for Plaintiff.
GORDON & POLSCER, L.L.C., T. Arlen Rumsey, WSBA No. 19048, Attorneys for Defendants
STIPULATION AND JOINT MOTION FOR STAY
JOHN C. COUGHENOUR, UNITED STATES DISTRICT JUDGE.
I. STIPULATION AND JOINT MOTION FOR STAY
Plaintiff Red Dot Corporation (“Red Dot”) and Defendants Travelers Casualty and Surety Company f/k/a The Aetna Casualty and Surety Company and The Standard Fire Insurance Company (collectively “Travelers”), by and through their respective counsel, file this Stipulation and Joint Motion to Stay this case for six months and to vacate the deadlines set forth in this Court's Civil Trial Scheduling Order (Dkt. 34).
This lawsuit involves a coverage dispute arising out of a lawsuit filed by Highland Park Properties (“HPP”) against Red Dot for investigation and remediation of alleged environmental property damage at the Red Dot Manufacturing Facility in Tukwila, Washington (“the Site”) (the “Underlying Action”). See Dkt. 37. Travelers agreed to defend Red Dot in the Underlying Action, and has been funding the defense and paying certain investigation costs related to the alleged property damage, under a complete reservation of rights. Travelers and Red Dot were unable to reach an agreement as to insurance coverage for remediation of the alleged property damage, primarily due to the lack of complete information regarding the nature and scope of the alleged contamination at issue.
Pursuant to an agreement between HPP and Red Dot, the Underlying Action has been stayed, with a plan to complete the investigation and remediation of the Site without the need for further litigation. Given the apparent progress that has been made pursuant to that plan, and the information Red Dot and Travelers (“the Parties”) hope to obtain regarding the nature and extent of contamination at the Site over the next six months, the Parties are optimistic they will be able to reach a full resolution and settlement with respect to Red Dot's claim for coverage at the Site without the need for further litigation in this Coverage Action. The Parties therefore request that the Court vacate the current trial and pre-trial dates and stay this case until June 17, 2022. In the unlikely event that the Parties are unable to reach a complete settlement, they will submit, on or before June 17, 2022, a Joint Status Report with a proposed schedule to complete discovery and try the case.
II. ORDER
Based on the above Stipulation, it is ordered that the case is stayed for six months and the deadlines set forth in the Court's Civil Trial Scheduling Order are vacated. The parties will submit a Joint Status Report no later than June 17, 2022.