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Evergreen Estates Condominium Association of Apartment Owners v. Admiral Insurance Co.

United States District Court, W.D. Washington, Seattle

May 2, 2017

EVERGREEN ESTATES CONDOMINIUM ASSOCIATION OF APARTMENT OWNERS, a Washington nonprofit corporation, Plaintiff,
v.
ADMIRAL INSURANCE COMPANY, a Delaware corporation; ASSOCIATED INTERNATIONAL INSURANCE COMPANY, an Illinois corporation; MARKEL INSURANCE COMPANY, a Virginia corporation; and DOE INSURANCE COMPANIES 1-10, Defendants.

          BULLIVANT HOUSER BAILEY PC Daniel R. Bentson, Owen R. Mooney, Attorneys for Defendant Admiral Insurance Company

          STEIN SUDWEEKS & HOUSER, PLLC Justin Sudweeks, Daniel S. Houser, Daniel Stein Attorneys for Plaintiff Evergreen Estates Condominium Association of Owners

          BULLIVANT HOUSER BAILEY PC Attorneys for Defendants Associated International Insurance Company and Markel Insurance Company

          STIPULATED JOINT MOTION AND ORDER FOR CONTINUANCE OF TRIAL DATE AND RELATED DEADLINES

          RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE

         MOTION

         Counsel for all Parties (Plaintiff Evergreen Estates Condominium Association and Defendants Admiral Insurance Company, Associated International Insurance Company and Markel Insurance Company) submit this stipulated motion for a four-month continuance of the trial date and related dates as described below. The parties' joint motion is based on LCR 10(g) and LCR 16(b)(5). The motion is supported by the declaration of attorneys Michael McCormack. Mr. McCormack has conferred with counsel for the other parties-Mr. Houser for the Association, and Mr. Bentson for Admiral-and Mr. McCormack is submitting this motion and declaration at the request of Mr. Houser and Mr. Bentson.

         REASONS JUSTIFYING PROPOSED CHANGE

         Mr. Houser and Mr. Bentson represent opposing parties in a matter scheduled for trial on May 22, 2017, in the U.S. District Court for the Western District of Washington in Tacoma. See Eagle Harbour Condo Association v. AllState, et. al., Cause No.: 3:15-CV-05312-RBL. In order to properly prepare and try the Eagle Harbour case, Messrs. Houser and Bentson along with their staff will be working full time on the Eagle Harbour case until early June, or later.

         The consequence to this case is that the parties cannot realistically complete the discovery and deposition work necessary to meet this case's discovery deadline of May 22, 2017. In addition, all parties intend to file motions for summary judgment in this case, but due to their work on the Eagle Harbour trial, Mr. Houser and Mr. Bentson will not be able to complete discovery and file their motions in this case by the June 20 deadline for dispositive motions The attorneys have conferred. Along with their clients, they are in unanimous agreement that a four-month continuance of the trial date in this matter, along with a concomitant rescheduling of pending deadlines, is an appropriate solution if this Court agrees. What the parties specifically request is as follows:

CURRENT DATE

PROPOSED DATE

Trial: September 18, 2017

January 18, 2018 or date TBD by Court

Rebuttal Expert: April 28, 2017

July 28, 2017

Discovery Cut off: May 22, 2017

September 22, 2017

Dispositive Motion Deadline: June 20, 2017

October 20, 2017

Mediation: August 4, 2017

December 4, 2017

Motions in Limine: August 21, 2017

December 21, 2017

Pretrial Order: September 6, 2017

January 5, 2018

Trial Briefs: September 13, 2017

January 12, 2018

         ORDER

         IT IS ORDERED that the trial of this matter is rescheduled for January 22, 2018. The case schedule set forth above is ...


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