JOINT STIPULATION AND ORDER TO CONSOLIDATE RELATED ACTIONS

BENJAMIN H. SETTLE, District Judge.

Plaintiff, Defendant, and Cross-Defendant Totem Electric of Tacoma ("Totem"), Defendant Travelers Casualty and Surety Company of America ("Travelers"), Plaintiff, Defendant, and Cross-Claimant RQ Construction, LLC ("RQ"), Defendant Liberty Mutual Insurance Company ("Liberty"), Defendant Fidelity and Deposit Company of Maryland ("F&D"), Defendant Zurich and Deposit Company of Maryland ("Zurich"), Defendant Continental Casualty Company ("Continental"), and Plaintiff System Tech Washington, Inc. ("STI") hereby stipulate and agree through their attorneys to be bound by the terms and provisions of this Stipulation as follows:

RECITALS

A. On December 26, 2018, The United States of America, for the use and Benefit of Totem commenced an action in the United States District Court Western District of Washington in Tacoma entitled The United States of America, for the use and Benefit of Totem Electric of Tacoma, Inc. v. Liberty Mutual Insurance Company, et al., Case No. 3:18-cv-06047-BHS, wherein Liberty, F&D, Zurich, and Continental (collectively, "RQ's Co-Sureties") were named as defendants (the "Original Action").

B. On January 3, 2019, The United States of America, for the use and Benefit of STI commenced an action in the United States District Court Western District of Washington in Tacoma entitled The United States of America, for the use and Benefit of System Tech Washington, Inc. and System Tech Washington, Inc. v. Totem Electric of Tacoma, Inc., et al., Case No. 3:19-cv-05006-BHS, wherein Totem, Travelers, RQ, and RQ's Co-Sureties were named as defendants ("Related Action No. 1").

C. On January 10, 2019, RQ commenced an action in the United States District Court Western District of Washington in Tacoma entitled RQ Construction, LLC v. Totem Electric of Tacoma, Inc. and Travelers Casualty and Surety Company of America, Case No. 3:19-cv-05031-BHS, wherein Totem and Travelers were named as defendants ("Related Action No. 2").

D. On January 18, 2019, Totem amended the Original Action by naming RQ as defendant and adding related causes of action against RQ.

E. On January 22, 2019, RQ filed a cross-claim against Totem and Travelers in Related Action No. 1.

F. The Original action, Related Action No. 1, and Related Action No. 2, collectively the "Actions," relate to the contract and Miller Act claims arising out of the construction of a certain facilities and buildings at Joint Base Lewis-McCord in Washington (the "Project"). RQ was the general contractor for the Project and Totem was subcontracted to perform certain electrical and low-voltage work for the Project. Totem subcontracted with STI to perform certain portions of the low-voltage telecommunications work. Travelers furnished payment and performance bonds for Totem's work and performance of the subcontract. RQ's Co-Sureties furnished payment bonds for the Project.

G. The consolidation of the Actions would streamline the issues, avoid unnecessary costs and delays, and advance the interest of judicial economy. Therefore, the Parties, without waiver of any Party's claims, rights or defenses, wish to consolidate the Actions into a single proceeding (the "Consolidated Action").

H. All Parties to the Actions are actively engaged in mediation negotiations and agree that additional time to engage in the mediation process would be beneficial. As such, the Parties agree that the chances of settlement would be promoted if Joint Status Report and Discovery Plan as required by FRCP 26(f) and Local Civil Rule 26(f) and the related deadlines for the FRCP 26(f) Conference and Initial Disclosures pursuant to FRCP 26(a)(1) from the Original Action are maintained (Case 3:18-cv-06047, ECF No. 13).

I. All Parties to the Actions are represented in this Stipulation.

STIPULATION

NOW THEREFORE, it is agreed and stipulated by the Parties, subject to the Court's approval, as follows:

1. The Actions are hereby consolidated for all purposes under Case No. 3:18-cv-06047-BHS.

2. All trials and other deadlines in Cases Nos. 3:19-cv-05006-BHS and 3:19-cv-05031-BHS are vacated.

ORDER

The Court, having reviewed the foregoing Stipulation of the Parties, and good cause appearing therefore, IT IS ORDERED that, pursuant to Rule 42, the Parties' stipulation is adopted, and the following United States District Court Western District of Washington in Tacoma actions are consolidated for all purposes into one action:

IT IS FURTHER ORDERED that the Case No. 3:19-cv-05006-BHS and Case No. 3:19-cv-05031-BHS are hereby consolidated for all purposes under Case No. 3:18-cv-06047-BHS. All trials and other deadlines in Cases Nos. 3:19-cv-05006-BHS and 3:19-cv-05031-BHS are vacated.

IT IS SO ORDERED.