Vita Coffee LLC v. Fireman's Fund Insurance Company, No. 2:2020cv01079 - Document 64 (W.D. Wash. 2021)

Court Description: ORDER granting Parties' 63 Stipulated Motion. Signed by Judge Barbara J. Rothstein.(MW)

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Vita Coffee LLC v. Fireman's Fund Insurance Company Doc. 64 The Honorable Barbara J. Rothstein 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 WORTHY HOTELS, INC., et al., 10 11 12 13 14 15 Plaintiffs, v. FIREMAN’S FUND INSURANCE COMPANY, a California corporation, Defendant. ES RESTAURANT GROUP, INC., a Delaware corporation, 16 17 18 19 20 21 Plaintiff, v. FIREMAN’S FUND INSURANCE COMPANY, a California corporation, Defendant. NACCARATO RESTAURANT GROUP. INC., a Washington corporation 22 23 24 25 26 Consolidated Case No. 2:20-cv-1079-BJR Plaintiff, v. FIREMAN’S FUND INSURANCE COMPANY, a California corporation, Defendant. STIPULATION AND ORDER Case No. 2:20cv-1079-BJR DLA Piper LLP (US) 701 Fifth Avenue, Suite 6900 Seattle, WA 98104-7029 | Tel: 206.839.4800 Dockets.Justia.com 1 2 3 4 5 VITA COFFEE, LLC, a Washington limited liability company d/b/a CAFFE VITA COFFEE ROASTING CO., Plaintiff, v. FIREMAN’S FUND INSURANCE COMPANY, a California corporation. 6 7 8 Defendant. WEIMAC LLC, a Washington limited liability company; et al., Plaintiffs, 9 10 11 v. FIREMAN’S FUND INSURANCE COMPANY, 12 13 14 15 16 17 18 19 20 Defendant. 13 COINS MANAGEMENT, LLC; M2 MANAGEMENT, LLC; 13 COINS BELLEVUE, LLC; 13 COINS STADIUM, LLC; THE LODGE ACQUISITION MUKILTEO, LLC; THE LODGE ACQUISITION MILL CREEK, LLC; THE LODGE ACQUISITION KIRLAND, LLC; THE LODGE ACQUISITION STADIUM, LLC; THE LODGE ACQUISITION WEST SEATTLE, LLC; THE SMOKEHOUSE, LLC; JOE TO GO, LLC; MIGHTY MIGHTY, LLC; THE LODGE ACQUISITION, LLC, Washington limited liability companies Plaintiffs, 21 22 23 24 25 v. NATIONAL SURETY CORP., an Illinois corporation, Defendant. 26 STIPULATION AND ORDER Case No. 2:20cv-1079-BJR DLA Piper LLP (US) 701 Fifth Avenue, Suite 6900 Seattle, WA 98104-7029 | Tel: 206.839.4800 1 2 3 CANLIS, INC., a Delaware corporation, Plaintiff, v. 4 FIREMAN’S FUND INSURANCE COMPANY, a California corporation, 5 Defendant. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATION AND ORDER Case No. 2:20cv-1079-BJR DLA Piper LLP (US) 701 Fifth Avenue, Suite 6900 Seattle, WA 98104-7029 | Tel: 206.839.4800 STIPULATION 1 2 Canlis, Inc. and Fireman’s Fund Insurance Company (“Fireman’s”) (collectively, the 3 “Parties”) wish to avoid filing duplicative briefing to that already pending before the Court. 4 Canlis’s policy is very similar to those at issue in the other consolidated Fireman’s matters, 5 6 7 8 9 10 11 12 13 14 15 16 specifically the policy form at issue in the Naccarato Restaurant Group, Inc. v. Fireman’s Fund Insurance Company (20-cv-06108) matter. As a result, rather than have Fireman’s file a motion to dismiss largely repetitive of its previously filed motions to dismiss (and Canlis file response briefing largely repetitive of what the other Fireman’s plaintiffs have filed), the parties agree and stipulate: That the Parties will be bound by the Court’s order(s) relative to the motion to dismiss brought by Fireman’s seeking dismissal of the Naccarato Restaurant Group, Inc. lawsuit; That the motion to dismiss briefing relative to the Naccarato Restaurant Group, Inc. lawsuit applies as if filed by and between the Parties and the Parties further agree and stipulate that it covers all claims brought by Canlis in its Complaint, as well as all coverages, extensions, exclusions, provisions, and clauses related to and addressed by those claims; and 18 That they are not prejudiced in any way by adopting the motion to dismiss briefing filed relative to the Naccarato Restaurant Group, Inc. lawsuit or by being bound by the Court’s ruling(s) relative to that briefing. 19 This Stipulation in no way affects the rights of the Parties to appeal the Court’s eventual 20 ruling(s), Canlis’s right to amend its pleadings should the Court not dismiss its Complaint with 17 21 prejudice, or Fireman’s right to move to dismiss any amended pleading filed by Canlis. 22 23 Dated this 29th day of April, 2021. 24 25 26 STIPULATION AND ORDER - 1 Case No. 2:20-cv-1079-BJR DLA Piper LLP (US) 701 Fifth Avenue, Suite 6900 Seattle, WA 98104-7029 | Tel: 206.839.4800 1 2 3 4 5 6 7 MILLER NASH GRAHAM & DUNN LLP DLA PIPER LLP (US) s/ Tristan Swanson Tristan N. Swanson, WSBA No. 41934 Carolyn A. Mount, WSBA No. 55527 Pier 70, 2801 Alaskan Way, Suite 300 Seattle, Washington 98121-1128 Tel: 206.777.7530 Fax: 206.340.9599 E-mail: tristan.swanson@millernash.com E-mail: carolyn.mount@millernash.com s/ Anthony Todaro Anthony Todaro, WSBA No. 30391 s/ Joseph Davison Joseph Davison, WSBA No. 51264 701 Fifth Avenue, Suite 6900 Seattle, Washington 98104-7029 Tel: 206.839.4800 Fax: 206.839.4801 E-mail: anthony.todaro@us.dlapiper.com E-mail: joseph.davison@us.dlapiper.com Attorneys for Canlis, Inc. 8 Attorneys for Fireman’s Fund Insurance Company 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATION AND ORDER - 2 Case No. 2:20-cv-1079-BJR DLA Piper LLP (US) 701 Fifth Avenue, Suite 6900 Seattle, WA 98104-7029 | Tel: 206.839.4800 ORDER 1 2 Having considered the April 29, 2021, stipulation submitted to this Court by Canlis and 3 Fireman’s Fund Insurance Company, and being fully advised, the Court hereby GRANTS the 4 Parties’ Stipulation. 5 Dated this 29th day of April, 2021. 6 7 Hon. Judge Barbara J. Rothstein 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATION AND ORDER - 3 Case No. 2:20-cv-1079-BJR DLA Piper LLP (US) 701 Fifth Avenue, Suite 6900 Seattle, WA 98104-7029 | Tel: 206.839.4800

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