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Philadelphia Indemnity Insurance Company v. Seattle Drug and Narcotic Center, Inc., 2:18-cv 00664 MJP. (2018)

Court: District Court, D. Washington Number: infdco20180808e59 Visitors: 13
Filed: Aug. 07, 2018
Latest Update: Aug. 07, 2018
Summary: STIPULATED MOTION AND ORDER STAYING MATTER FOR 30 DAYS MARSHA J. PECHMAN , District Judge . STIPULATION AND AGREED MOTION Pursuant to LCR 7(d)(1) and LCR 10(g), Plaintiff Philadelphia Indemnity Insurance Company ("Philadelphia") and Defendants Seattle Drug and Narcotic Center, Inc. ("SeaDruNar") and Aspen Insurance U.K. Limited ("Aspen") (collectively, the "Parties"), by and through their undersigned counsel, hereby move on an agreed basis for an order staying this matter for at least thir
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STIPULATED MOTION AND ORDER STAYING MATTER FOR 30 DAYS

STIPULATION AND AGREED MOTION

Pursuant to LCR 7(d)(1) and LCR 10(g), Plaintiff Philadelphia Indemnity Insurance Company ("Philadelphia") and Defendants Seattle Drug and Narcotic Center, Inc. ("SeaDruNar") and Aspen Insurance U.K. Limited ("Aspen") (collectively, the "Parties"), by and through their undersigned counsel, hereby move on an agreed basis for an order staying this matter for at least thirty (30) days while settlement is finalized in the matter of M.H., as guardian for her minor daughter, J.M.A. v. SEADRUNAR, Inc., King County Superior Court Cause No. 17-2-25848-2SEA ("Underlying Lawsuit") and move further that any corresponding deadlines in this matter be recalculated accordingly. In the event the court in the Underlying Lawsuit does not approve the settlement within 30 days, the Parties may request an additional stay. In support of this Stipulated Motion, the Parties jointly state as follows:

1. Philadelphia commenced this civil action on May 7, 2018 by filing its Complaint for Declaratory Relief (ECF No. 1). 2. SeaDruNar has been served (ECF No. 14), filed a Notice of Appearance on June 13, 2018 (ECF No. 10), and filed an Answer and Counterclaim on June 29, 2018 (ECF No. 19). 3. Philadelphia filed an Answer to SeaDruNar's Counterclaim on July 17, 2018 (ECF No. 28). 4. Aspen has been served (ECF 13), filed a Notice of Appearance on June 11, 2018 (ECF No. 9), and filed an Answer and Counterclaim on June 29, 2018 (ECF No. 20). 5. Defendant M.H., as guardian for her minor daughter, J.M.A. has been served (ECF No. 12), and an Order for Default was entered against Defendant M.H., as guardian for her minor daughter, J.M.A. on July 3, 2018 (ECF No. 24). 6. A settlement has been reached in the Underlying Lawsuit. The settlement must be reviewed and approved by a settlement guardian ad litem and then the underlying Court, before it is final. The Parties are now waiting for the completion of this process. 7. The Parties request a 30 day stay so as to allow the parties and the court to avoid potentially unnecessary case activity, including the Joint Status Report and Discovery Plan, while it is determined if the underlying settlement will be approved. 8. If it appears the Underlying Lawsuit will not conclude before the 30th day after a stay is entered, then the Parties agree to provide a joint status report to the Court regarding whether they believe it would be appropriate to stay this action for an additional period.

ORDER

THIS MATTER came before the Court on the Parties' Stipulated Motion Staying Matter for 30 Days. The Court, having considered the Motion, the files and records herein, the nature of the Motion, and being fully informed, finds that a stay of this matter for thirty (30) days is appropriate.

As such, the Court GRANTS the Stipulated Motion Staying this Matter for 30 Days as follows:

1. This matter is stayed for 30 days; 2. If it appears Underlying Lawsuit will not conclude before the 30th day after a stay is entered, then the Parties will submit a joint status report to the Court within 30 days from the date of entry of this order regarding whether the stay should be continued; 3. Upon expiration of the stay, the Court will issue an amended case schedule extending all deadlines by 30 days; and 4. Any of the Parties may move to lift the stay prior to its expiration.
Source:  Leagle

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