Executive 1801 LLC v. Eagle West Insurance Company

Justia Dockets & Filings Ninth Circuit Oregon District Court Executive 1801 LLC v. Eagle West Insurance Company

Executive 1801 LLC v. Eagle West Insurance Company

Plaintiff:	Executive 1801 LLC
Defendant:	Eagle West Insurance Company
Case Number:	3:2018cv00580
Filed:	April 5, 2018
Court:	US District Court for the District of Oregon
Office:	Portland (3) Office
Presiding Judge:	Stacie F. Beckerman
Nature of Suit:	Insurance
Cause of Action:	12 U.S.C. § 635 Breach of Insurance Contract
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
January 11, 2024	Filing 148 OPINION & ORDER: Defendant's Motion for Partial Summary Judgment,ECF No. 136, is GRANTED. Signed on 1/11/2024 by District Judge Marco A Hernandez. (jp)
November 17, 2022	Filing 95 ORDER - The Court ADOPTS IN PART Magistrate Judge Beckerman's Findings and Recommendation 87 . As previously ordered 77 , the Court has adopted Judge Beckerman's Amended Findings & Recommendation 63 as to the meaning of collapse under Oregon law and Plaintiff's rain damage claim. The Court, however, declines to adopt the remainder of the Amended Findings & Recommendation 63 , specifically the issue of whether a covered collapse occurred and whether Defendant is entit led to summary judgment on Plaintiff's claim for breachof the implied covenant of good faith and fair dealing. In other words, the Court has not decided whether disputed factual issues remain with respect to whether a collapse occurred here. Fur ther discovery and dispositive motions practice on this issue are warranted, as stated above. Accordingly, the Court GRANTS in part and DENIES in part Defendant's Motion for SummaryJudgment 43 and DENIES Defendant's Motion for Reconsidera tion 81 . Within 14 days of this Order, the parties shall contact Judge Hernandez's Courtroom Deputy to set a scheduling conference. By noon the business day prior to the conference, the parties shall submit a joint proposed schedule to address the outstanding issues in this case. Signed on 11/17/2022 by Judge Marco A. Hernandez. (mja)

Date Filed

Document Text

January 11, 2024

Filing 148 OPINION & ORDER: Defendant's Motion for Partial Summary Judgment,ECF No. 136, is GRANTED. Signed on 1/11/2024 by District Judge Marco A Hernandez. (jp)

November 17, 2022

Filing 95 ORDER - The Court ADOPTS IN PART Magistrate Judge Beckerman's Findings and Recommendation 87 . As previously ordered 77 , the Court has adopted Judge Beckerman's Amended Findings & Recommendation 63 as to the meaning of collapse under Oregon law and Plaintiff's rain damage claim. The Court, however, declines to adopt the remainder of the Amended Findings & Recommendation 63 , specifically the issue of whether a covered collapse occurred and whether Defendant is entit led to summary judgment on Plaintiff's claim for breachof the implied covenant of good faith and fair dealing. In other words, the Court has not decided whether disputed factual issues remain with respect to whether a collapse occurred here. Fur ther discovery and dispositive motions practice on this issue are warranted, as stated above. Accordingly, the Court GRANTS in part and DENIES in part Defendant's Motion for SummaryJudgment 43 and DENIES Defendant's Motion for Reconsidera tion 81 . Within 14 days of this Order, the parties shall contact Judge Hernandez's Courtroom Deputy to set a scheduling conference. By noon the business day prior to the conference, the parties shall submit a joint proposed schedule to address the outstanding issues in this case. Signed on 11/17/2022 by Judge Marco A. Hernandez. (mja)

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Defendant: Eagle West Insurance Company
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Plaintiff: Executive 1801 LLC
Represented By:	Kevin S. Mapes
Represented By:	James C. Prichard
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