Worthy Hotels, Inc., et al v. Fireman's Fund Insurance Co., et al
| ES RESTAURANT GROUP, INC., POQUITOS, LLC, a Washington limited liability company, DBA Poquitos Seattle, JLW, LLC, a Washington limited liability company, VT2, LLC, a Washington limited liability company, DBA Rhein Haus Seattle, THE LODGE ACQUISITION KIRKLAND, LLC, Washington limited liability companies, CHINA WEST, LTD., a Washington corporation, DBA Talarico's Pizzeria & Lounge, WWD3, LLC, a Washington limited liability company, DBA Stoneburner, VT3, LLC, a Washington limited liability company, DBA Rhein Haus Denver, THE LODGE ACQUISITION WEST SEATTLE, LLC, Washington limited liability companies, RHTA, LLC, a Washington limited liability company, DBA Rhein Haus Tacoma, 13 COINS STADIUM, LLC, Washington limited liability companies, THE LODGE ACQUISITION MUKILTEO, LLC, Washington limited liability companies, BIG FOOD, INC., a Washington corporation, DBA The Ballroom, SCOTCH BAR, LLC, a Washington limited liability company, DBA MacLeod's Fish & Chips, NACCARATO RESTAURANT GROUP, INC., a Washington corporation, ALPEN ROSE INN, LLC, a Washington limited liability company, DBA Blue Elk Inn, M2 MANAGEMENT, LLC, Washington limited liability companies, JOE TO GO, LLC, Washington limited liability companies, DGBT, LLC, a Washington limited liability company, DBA Beer Star Tacoma, CHINESE TAKEOUT, LLC, Washington limited liability company, DBA Beer Star, THE LODGE ACQUISITION, LLC, Washington limited liability companies, THE LODGE ACQUISITION STADIUM, LLC, Washington limited liability companies, 13 COINS MANAGEMENT, LLC, Washington limited liability companies, THE SMOKEHOUSE, LLC, Washington limited liability companies, THE LODGE ACQUISITION MILL CREEK, LLC, Washington limited liability companies, 13 COINS ACQUISITION, LLC, Washington limited liability companies, CANLIS, INC., 13 COINS BELLEVUE, LLC, Washington limited liability companies, PQ2, LLC, a Washington limited liability, DBA Poquitos Bothell, WEIMAC, LLC, a Washington limited liability company, RHLV, LLC, a Washington limited liability company, DBA Rhein Haus Leavenworth, JWD4 DESIGN, LLC, a Washington limited liability company, DBA Bastille, VITA COFFEE, LLC, a Washington limited liability company, DBA Caffe Vita Coffee Roasting Co., MIGHTY MIGHTY, LLC, Washington limited liability companies and SEAPLANE, LLC, a Washington limited liability company, DBA Seaplane Kitchen & Bar |
| NATIONAL SURETY CORPORATION, an Illinois corporation |
| DAVENPORT TOWER OPCO, LLC, WORTHY HOTELS, INC., CONVENTION CENTER HOTEL, LLC, DAVENPORT TOWER, LLC, GRAND HOTEL SPOKANE OPCO, LLC, DBA The Davenport Grand, DAVENPORT COLLECTION PAYROLL, LLC, DAVENPORT HOTEL, LLC, DAVENPORT HOTEL OPCO, LLC, WORTHY ENTERPRISES, LLC, HOTEL LUSSO OPCO, LLC, THE CENTENNIAL, LLC, CENTENNIAL OPCO, LLC, HOTEL LUSSO, LLC and THE DAVENPORT HOTEL, INC. |
| FIREMAN'S FUND INSURANCE COMPANY |
| 21-35495 |
| June 25, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| WORTHY HOTELS, INC., ET AL V. FIREMAN'S FUND INSURANCE CO., ET AL |
Docket Report
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This docket was last retrieved on August 11, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 Received copy of amended notice of appeal from district court. [12200487] [21-35495, 21-35498, 21-35511, 21-35523] (QDL) [Entered: 08/13/2021 08:47 AM] |
| Filing 16 Received copy of amended notice of appeal from district court. [12194283] [21-35495, 21-35498, 21-35511, 21-35523] (NAC) [Entered: 08/06/2021 01:31 PM] |
| Filing 15 Received copy of amended notice of appeal from district court. [12191840] [21-35495, 21-35498, 21-35511, 21-35523] (NAC) [Entered: 08/04/2021 12:42 PM] |
| Filing 14 Received copy of amended notice of appeal from district court. [12191838] [21-35495, 21-35498, 21-35511, 21-35523] (NAC) [Entered: 08/04/2021 12:36 PM] |
| Filing 13 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. The briefing schedule previously set by the court remains in effect. [12189687] [21-35495, 21-35498, 21-35511, 21-35523] (LW) [Entered: 08/02/2021 02:59 PM] |
| Filing 12 Filed clerk order (Deputy Clerk: LCC): A review of the record and the response to this courts July 2, 2021 order reflects that the district court has denied the post-judgment motion. Accordingly, the stay of appellate proceedings is lifted, and briefing in these consolidated appeals may proceed. The consolidated opening brief and excerpts of record are due September 28, 2021. The consolidated answering brief is due October 28, 2021. The optional consolidated reply brief is due within 21 days after service of the answering brief. [12188350] [21-35495, 21-35498, 21-35511, 21-35523] (RT) [Entered: 07/30/2021 03:21 PM] |
| Filing 11 Filed (ECF) Appellants Centennial Opco, LLC, Convention Center Hotel, LLC, Davenport Collection Payroll, LLC, Davenport Hotel Opco, LLC, Davenport Hotel, LLC, Davenport Tower Opco, LLC, Davenport Tower, LLC, Grand Hotel Spokane Opco, LLC, Hotel Lusso Opco, LLC, Hotel Lusso, LLC, The Centennial, LLC, The Davenport Hotel, Inc., Worthy Enterprises, LLC and Worthy Hotels, Inc. in 21-35495 response to Court order dated 07/02/2021. Date of service: 07/28/2021. [12185838] [21-35495, 21-35498, 21-35511, 21-35523] (Wetmore, Richard) [Entered: 07/28/2021 02:51 PM] |
| Filing 10 Added Attorney(s) Joseph Davison for party(s) Appellee Fireman's Fund Insurance Company, in case 21-35511, 21-35523, 21-35495, and 21-35498. [12164789] [21-35495, 21-35498, 21-35511, 21-35523] (NAC) [Entered: 07/07/2021 10:11 AM] |
| Filing 9 Filed (ECF) notice of appearance of Joseph, D., Davison (DLA Piper LLP (US), 701 Fifth Avenue, Suite 6900, Seattle, WA 98104) for Appellee Fireman's Fund Insurance Company. Date of service: 07/07/2021. (Party was previously proceeding with counsel.) [12164763] [21-35495] --[COURT UPDATE: Spread to cases 21-35498, 21-35511, and 21-35523. 7/7/2021 by TYL] (Davison, Joseph) [Entered: 07/07/2021 09:57 AM] |
| Filing 8 The Mediation Questionnaire for this case was filed on 07/06/2021. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12163450]. [21-35495] (AD) [Entered: 07/06/2021 12:44 PM] |
| Filing 7 The Mediation Questionnaire for this case was filed on 07/06/2021. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12163443]. [21-35495] (AD) [Entered: 07/06/2021 12:44 PM] |
| Filing 6 Filed (ECF) Appellants Alpen Rose Inn, LLC, Big Food, Inc., China West, Ltd., Chinese Takeout, LLC, JWD4 Design, LLC, RHLV, LLC, PQ2, LLC, Poquitos, LLC, RHTA, LLC, Scotch Bar, LLC, Seaplane, LLC, VT2, LLC, VT3, LLC, WWD3, LLC, DGBT, LLC, JLW, LLC and Weimac, LLC in 21-35523 Mediation Questionnaire. Date of service: 07/06/2021. [12163303] [21-35523, 21-35495, 21-35498, 21-35511] (Love, Greg) [Entered: 07/06/2021 11:37 AM] |
| Filing 5 Filed (ECF) Appellant Vita Coffee, LLC in 21-35511 Mediation Questionnaire. Date of service: 07/06/2021. [12163148] [21-35511, 21-35495, 21-35498, 21-35523] (Alvord, Chase) [Entered: 07/06/2021 10:32 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: LCC): The court sua sponte consolidates these appeals. Appeal Nos. 21-35495, 21-35498, 21-35511, and 21-35523 are consolidated. The courts records reflect that the notices of these appeals were filed during the pendency of a timely filed motion listed in Federal Rule of Appellate Procedure 4(a)(4). The notices of appeal are therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, appellate proceedings other than mediation shall be held in abeyance pending the district courts resolution of the pending motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 7 days after the district courts ruling on the pending motion, appellants shall jointly notify this court in writing of the ruling and shall advise whether appellants intend to prosecute their respective appeals. To appeal the district courts ruling on the post-judgment motion, appellants must file amended notices of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [12162103] [21-35495, 21-35498, 21-35511, 21-35523] (AF) [Entered: 07/02/2021 03:20 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 07/01/2021. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12160452]. [21-35495] (AD) [Entered: 07/01/2021 12:44 PM] |
| Filing 2 Filed (ECF) Appellants Centennial Opco, LLC, Convention Center Hotel, LLC, Davenport Collection Payroll, LLC, Davenport Hotel Opco, LLC, Davenport Hotel, LLC, Davenport Tower Opco, LLC, Davenport Tower, LLC, Grand Hotel Spokane Opco, LLC, Hotel Lusso Opco, LLC, Hotel Lusso, LLC, The Centennial, LLC, The Davenport Hotel, Inc., Worthy Enterprises, LLC and Worthy Hotels, Inc. Mediation Questionnaire. Date of service: 07/01/2021. [12160258] [21-35495] (Wetmore, Richard) [Entered: 07/01/2021 10:56 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Centennial Opco, LLC, Convention Center Hotel, LLC, Davenport Collection Payroll, LLC, Davenport Hotel Opco, LLC, Davenport Hotel, LLC, Davenport Tower Opco, LLC, Davenport Tower, LLC, Grand Hotel Spokane Opco, LLC, Hotel Lusso Opco, LLC, Hotel Lusso, LLC, The Centennial, LLC, The Davenport Hotel, Inc., Worthy Enterprises, LLC and Worthy Hotels, Inc. Mediation Questionnaire due on 07/02/2021. Appellants Centennial Opco, LLC, Convention Center Hotel, LLC, Davenport Collection Payroll, LLC, Davenport Hotel Opco, LLC, Davenport Hotel, LLC, Davenport Tower Opco, LLC, Davenport Tower, LLC, Grand Hotel Spokane Opco, LLC, Hotel Lusso Opco, LLC, Hotel Lusso, LLC, The Centennial, LLC, The Davenport Hotel, Inc., Worthy Enterprises, LLC and Worthy Hotels, Inc. opening brief due 08/23/2021. Appellee Fireman's Fund Insurance Company answering brief due 09/22/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12154435] (JBS) [Entered: 06/25/2021 10:37 AM] |
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