Filed: Sep. 12, 2019
Latest Update: Sep. 12, 2019
Summary: STIPULATION AND ORDER OF DISMISSAL BARBARA JACOBS ROTHSTEIN , District Judge . STIPULATION Snohomish County filed this suit against its insurers, seeking coverage for several underlying lawsuits arising out of the March 2014 Oso Landslide. Specifically, the County was initially named a defendant in the following underlying litigation: • Pzonka v. Snohomish Cnty., King Cnty. Super. Ct. No. 14-2-18401-8 SEA (filed July 1, 2014); • Ward v. Snohomish Cnty., King Cnty. Super. Ct. No. 14-2
Summary: STIPULATION AND ORDER OF DISMISSAL BARBARA JACOBS ROTHSTEIN , District Judge . STIPULATION Snohomish County filed this suit against its insurers, seeking coverage for several underlying lawsuits arising out of the March 2014 Oso Landslide. Specifically, the County was initially named a defendant in the following underlying litigation: • Pzonka v. Snohomish Cnty., King Cnty. Super. Ct. No. 14-2-18401-8 SEA (filed July 1, 2014); • Ward v. Snohomish Cnty., King Cnty. Super. Ct. No. 14-2-..
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STIPULATION AND ORDER OF DISMISSAL
BARBARA JACOBS ROTHSTEIN, District Judge.
STIPULATION
Snohomish County filed this suit against its insurers, seeking coverage for several underlying lawsuits arising out of the March 2014 Oso Landslide. Specifically, the County was initially named a defendant in the following underlying litigation:
• Pzonka v. Snohomish Cnty., King Cnty. Super. Ct. No. 14-2-18401-8 SEA (filed July 1, 2014);
• Ward v. Snohomish Cnty., King Cnty. Super. Ct. No. 14-2-29255-4 SEA (filed Oct. 24, 2014);
• Regelbrugge v. Washington, King Cnty. Super. Ct. No. 15-2-01672-5 SEA (filed Jan. 21, 2015); and
• Lester v. Snohomish Cnty., King Cnty. Super. Ct. No. 15-2-02098-6 SEA (filed Jan. 26, 2015).
("Oso I").
In March 2017, three additional lawsuits were filed against the County arising out of the same circumstances:
• Bellomo et al. v. Snohomish County et. al., King Cnty. Super. Ct. No. 17-2-06738-5 SEA (filed March 21, 2017);
• McPherson et al. v. Snohomish County et al., King Cnty. Super. Ct. No. 17-2-06726-1 SEA (filed March 21, 2017); and
• Hadaway, et al. v. Snohomish County et al., King Cnty. Super. Ct. No. 17-2-06751-2 SEA (filed March 21, 2017).
("Oso II").
As set forth in the parties' status report dated June 27, 2019 (Dkt. No. 255), the Washington Supreme Court denied the petitions for review of the Oso I cases, ending those actions. Additionally, following the Supreme Court's decisions, the remaining parties in the Oso II cases stipulated to the dismissal of those actions. As a result, the underlying claims for which the County sought insurance coverage in this action have been fully resolved.
Accordingly, the undersigned parties stipulate and agree that all claims asserted in this matter related to the County's insurance coverage for the claims that were or could have been brought by the plaintiffs in Oso I and II have been resolved and may be dismissed with prejudice and without an award of costs or fees to any party. It is expressly understood and agreed that the preclusive effect of this dismissal does not extend beyond the insurance claims for the Oso I and Oso II cases.
DATED this 12th day of September, 2019.
GORDON TILDEN THOMAS & MARK ROE, PROSECUTING
CORDELL, LLP ATTORNEY
By s/ Chelsey L. Mam By s/ Joseph B. Genster
Franklin D. Cordell, WSBA #26392 Joseph B. Genster, WSBA 14968
Chelsey L. Mam, WSBA #44609 Michael C. Held, WSBA #19696
Michael Brown, WSBA #45618 Deputy Prosecuting Attorneys
Gregory D. Pendleton, WSBA #38361 Snohomish County Prosecuting Attorney
Special Deputy Prosecuting Attorneys Civil Division
for Plaintiff Snohomish County Robert J. Drewel Bldg., 7th Floor
600 University Street, Suite 2915 3000 Rockefeller Ave., M/S 504
Seattle, Washington 98101 Everett, WA 98201-4046
fcordell@gordontilden.com joseph.genster@co.snohomish.wa.us
cmam@gordontilden.com mheld@co.snohomish.wa.us
mbrown@gordontilden.com
gpendleton@gordontilden.com Attorneys for Plaintiff Snohomish County
Attorneys for Plaintiff Snohomish County
CLYDE & CO US, LLP MERRICK, HOFSTEDT & LINDSEY, P.S.
By s/ Alexander Potento By s/ David S. Cottnair
Alexander Potente, WSBA #48858 David S. Cottnair, WSBA #28206
Lennell T. McCallum* 3101 Western Avenue, Suite 200
101 2nd Street, Suite 2400 Seattle, WA 98121
San Francisco, CA 94105 dcottnair@mhlseattle.com
alex.potente@clydeco.us
Lenell.mccallum@clydeco.us Attorneys for Defendant Insurance Company
*Admitted Pro Hac Vice of the West
Attorneys for Defendant Arrowood
Indemnity Company
CLYDE & CO US, LLP MURPHY, PEARSON, BRADLEY &
FEENEY
By s/ Robert A. Meyers By s/ Nicholas C. Larson
Robert A. Meyers, WSBA #24846 Nicholas C. Larson, WSBA #46034
701 Fifth Avenue, Ste 4200 88 Kearny Street, 10th Floor
Seattle, WA 98104 San Francisco, CA 98108
Bob.Meyers@clydeco.us nlarson@mpbf.com
Lawrence Klein* Mark T. Whitford, Jr.*
Robinson & Cole LLP Anthony J. Piazza*
666 Third Avenue, 20th Floor Barclay Damon, LLP
New York, NY 10017 2000 HSBC Plaza
lklein@rc.com 100 Chestnut Street
*Admitted Pro Hac Vice Rochester, NY 14604
mwhitford@barclaydamon.com;
Attorneys for The Insurance Company of apiazza@barclaydamon.com
the State of Pennsylvania *Admitted Pro Hac Vice
Attorneys for Defendant Everest National
Insurance Company
DLA PIPER LLP (US)
By s/ Anthony Todaro
Anthony Todaro, WSBA #30391
701 Fifth Avenue, Suite 7000
Seattle, WA 98104
Anthony.todaro@dlapiper.com
Michael P. Murphy*
R. Brian Seibert*
DLA Piper LLP (US)
1251 Avenue of the Americas
New York, NY 10020
Michael.murphy@dlapiper.com
Brian.seibert@dlapiper.com
*Admitted Pro Hac Vice
Attorneys for Defendant Starr Indemnity &
Liability Company
ORDER
Pursuant to the above stipulation, IT IS HEREBY ORDERED that all claims between Snohomish County and the Defendant Insurers arising from the County's claim for insurance coverage for the Oso I and Oso II litigation are DISMISSED WITH PREJUDICE. Each party shall bear its own costs and fees incurred.
