Northwest Pipe Company v. RLI Insurance Company et al
| Northwest Pipe Company |
| RLI Insurance Company and Employers Insurance Of Wausau |
| 3:2009cv01126 |
| September 22, 2009 |
| US District Court for the District of Oregon |
| Portland Office |
| Outside State |
| Paul Papak |
| None |
| 28 U.S.C. ยง 1441 Petition for Removal |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
369
ORDER: The Court GRANTS Wausau's Motion 366 for Joinder and GRANTS in part RLI's Motion 365 to Dismiss or Stay. The Court STRIKES all current case-management dates and STAYS this action until 60 days after the Ninth Circuit Cou rt of Appeals issues a mandate in Ninth Circuit Case No. 14-35542 or further order of this Court. The parties shall file a single, joint status report outlining the parties' proposals for the next steps in this case within 60 days of the Ninth Circuit's mandate. The parties shall also file a joint status report if any significant developments that affect this action occur in the interim. The Court DENIES in part RLI's Motion to the extent RLI seeks dismissal of this matter. (bb)
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Filing
305
ORDER: The Court GRANTS ACE and Wausaus Motion 293 Re Proposed Form of Judgment. The Court concludes the proposed form of judgment submitted by ACE and Wausau should be revised to conform to this Opinion and Order. Accordingly, the Court directs the parties to confer and to submit to the Court no later than May 30, 2014, a form of judgment consistent with this Opinion and Order and the Courts prior rulings regarding RLIs duty to defend and allocation of Northwest Pipes defense co sts among Defendants. The proposed form of judgment should also include language that preserves Northwest Pipes unresolved claims for unpaid defense costs. To the extent that the parties disagree as to such form, they may simultaneously submit alternate forms of judgment together with a concise explanation supporting the entry of a particular version. Signed on 05/15/2014 by Judge Anna J. Brown. (bb)
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Filing
301
Opinion and Order: The Court GRANTS Wausau's Request 261 for Judicial Notice and DENIES Wausau's Motion 258 for Partial Summary Judgment. Signed on 04/10/2014 by Judge Anna J. Brown. See attached 28 page Opinion and Order for full text. (bb)
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Filing
253
Order. The Court GRANTS in part Wausau's Motion 191 and ACE's Joinder 197 as stated in the 4 page attached Order. Signed on 10/21/2013 by Judge Anna J. Brown. (bb)
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Filing
239
Order. The Court denies Northwest Pipes Motion 177 for Partial Summary Judgment. The Court is setting a trial limited to those disputed fact issues on the following schedule: no later than 09/06/2013, a Joint Stipulation is due re: Jury or Court Tr ial. No later than 10/04/2013, final expert witness disclosures are due. No later than 10/22/2013 final rebuttal expert disclosures are due. A 2-day trial to resolve the factual disputes as to the availability of commercially reasonable commercial g eneral liability insurance lacking an absolute pollution exclusion will begin at 9:00 a.m. on 11/7/2013. No later than 09/06/2013, RLI shall file its supplemental memorandum in opposition to Wausaus Motion 191 , limited to 10 pages. Joint SurReply is due 09/19/2013. Motions 191 and 197 will go under advisement 09/19/2013. the Court orders that no party shall file any additional motions without first obtaining leave of Court. No later than 09/13/2013, and after meaningful conferral with a ll necessary parties, Northwest Pipe may file a motion for leave to amend its Complaint. If such motion is unopposed, Northwest Pipe shall file simultaneously a jointly proposed case management plan and schedule to resolve such additional claim(s). If such motion is opposed, memoranda in opposition are due 09/27/2013; any necessary reply memorandum from Northwest Pipe is due 10/04/2013, and the Court will then take such Motion under advisement. No later than 10/04/2013, Wausau shall file a join t status report as to whether Wausau proposes to file a motion with respect to Wausaus claim that Wausaus obligation to Northwest Pipe is discharged because Wausaus policies have been exhausted. Finally, the Court requires the parties to reconsider ADR and to file an updated Joint ADR report no later than 10/04/2013.See attached 2 page Order for full text. (bb)
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Filing
233
ORDER: The Court ADOPTS that portion of Magistrate Judge Papaks Findings and Recommendation 215 in which he recommends the Court deny Defendant RLIs Motion 148 for Partial Summary Judgment in its entirety. Accordingly, the Court DENIES Defendant RLI's Motion 148 for Partial Summary Judgment in its entirety. The Court also DENIES Wausaus Motion 223 to Strike and NWPs Motion 225 to Strike. Matter to be reassigned to Judge Brown. With respect to the remaining pending Motion s 177 , 199 , the Court will set a hearing date so the parties to these Motions may summarize their positions for this Court. These Motions will be taken under advisement anew at the conclusion of that hearing. Signed on 07/11/2013 by Judge Anna J. Brown. See attached 13 page Order for further text. (bb)
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Filing
174
Amended Order. Signed on 7/6/2012 by Judge Anna J. Brown. (Amending docket 169 only as to counsel of record information) (sm)
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Filing
169
ORDER: The Court GRANTS the Motions for Joinder in Wausaus Motion for Partial Summary Judgment filed by Plaintiff Northwest Pipe Company and Third-Party Defendants Ace Property and Casualty Insurance Company and Ace Fire Underwriters Insuran ce Company (#125 and #132 respectively). The Court also ADOPTS in part and otherwise modifies the Magistrate Judges Findings and Recommendation 151 as set forth herein. Thus, the Court GRANTS the Motion 120 for Partial Summary Judgment of Employ ers Insurance Company of Wausau, Ace Property and Casualty Insurance Company, Ace Fire Underwriters InsuranceCompany, and Plaintiff Northwest Pipe Company and allocates the percentage of NWPs defense costs as follows: ACE - 24.92%; Wausau - 31.81%; RLI - 43.27%. Signed on 06/13/2012 by Judge Anna J. Brown. See attached 15 page Opinion and Order for full text. (bb)
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Filing
62
ORDER: The Court GRANTS Defendant Wausau's Motion 23 for Partial Summary Judgment, DISMISSES all of Plaintiff's claims against Wausau, DENIES RLI's Motion 28 for Summary Judgment as to RLI's duty to defend, GRANTS Plaintiff 's Motion 32 for Partial Summary Judgment as to RLI's duty to defend, and DENIES Plaintiff's Motion 32 for Partial Summary Judgment as to Wausau's duty to defend. Signed on 08/11/2010 by Judge Anna J. Brown. See 19 page Order. (bb)
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