Nguyen et al v. Travelers Casualty Insurance Company of America et al
| JENNIFER B NGUYEN |
| Travelers Casualty Insurance Company of America |
| Jeffrey E Kashner, Sunseet S Bath DDS PS individually and on behalf of others similarly situated doing business as Impressions Dentistry Family Cosmetics, DDS Khuzi Hsue, Ryan M Fox and Stan's Bar-B-Q LLC |
| The Charter Oak Fire Insurance Co and Travelers Indemnity Company of America |
| The Ohio Casualty Insurance Company |
| 2:2020cv00597 |
| April 21, 2020 |
| US District Court for the Western District of Washington |
| Ricardo S Martinez |
| Barbara J Rothstein |
| Insurance |
| 28 U.S.C. § 1391 |
| Plaintiff |
Docket Report
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Filing 49
MINUTE ORDER: The Court is in receipt of the parties' Stipulated Motion re Proposed Schedule for Amended Complaints and Briefing of Dispositive Motions. Dkt. No. #47 . The Court hereby GRANTS the motion and sets the following schedule: production of certified copies of policies are due no later than November 24, 2020; amended complaints are due no later than November 25, 2020; Defendants shall respond to Plaintiffs' complaints through motion no later than January 15, 2021; Plaintiffs shall respond to the motions no later than February 12, 2021; and Defendants shall reply in support of their motions no later than March 5, 2021. Page limits for the briefing shall be in accordance with LCR 7(e)(3), providing 24 pages for dispositive motions and oppositions and 12 pages for replies. Authorized by Judge Barbara J. Rothstein.(MW)
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Filing 48
MINUTE ORDER: Pursuant to the Standing Order for Civil Cases Setting Trial Date, Related Dates, and Court Procedures (Standing Order) (Dkt. No. #26 ), the Court HEREBY STRIKES the noting date for the parties stipulated motion (Dkt. No. #47 ). This Minute Order does not strike the stipulated motion; rather, it strikes the noting date. The Court considers the stipulated motion upon filing. In the future, the Court expects the parties to comply with the terms of the Standing Order. Authorized by Judge Barbara J. Rothstein. (PM)
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| Filing 47 Stipulated MOTION re Proposed Schedule for Amended Complaints and Briefing of Dispositive Motions, filed by Interested Party The Ohio Casualty Insurance Company. Noting Date 11/23/2020, (Morrison, James) |
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Filing 46
SCHEDULING ORDER: The attorneys in this case shall consult with the attorneys in the other business insurance cases so as to prepare a briefing schedule to address common questions of coverage and exclusions and the filing of amended complaints, if required. In determining such a schedule, the attorneys shall ensure that briefing on any future dispositive motions is ripe for Court review at the same time and shall seek to avoid duplication wherever possible. All discovery in this case is stayed until such time as the Court rules on the motions. The Parties shall inform the Court as to their proposed schedule no later than Monday, November 23, 2020. Signed by Judge Barbara J. Rothstein. (MW)
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| Filing 45 NOTICE of Filing Defendants' Status Report Re Question Raised in the Courts First Scheduling Order ; filed by Consol Defendants The Charter Oak Fire Insurance Co, Travelers Indemnity Company of America, Defendant Travelers Casualty Insurance Company of America. (Bentson, Daniel) |
| Filing 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re Consolidated Amended Class Action Complaint, filed by Consol Defendants The Charter Oak Fire Insurance Co, Travelers Indemnity Company of America, Defendant Travelers Casualty Insurance Company of America. Oral Argument Requested. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Proposed Order)(Bentson, Daniel) |
| Filing 43 NOTICE of Filing of Plaintiffs' Statement in Response to First Scheduling Order re #28 Scheduling Order, ; filed by Consol Plaintiffs Sunseet S Bath, Ryan M Fox, Khuzi Hsue, Jeffrey E Kashner, Stan's Bar-B-Q LLC, Plaintiff Jennifer B Nguyen. (Williams-Derry, Amy) |
| Filing 42 DISREGARD NOTICE of Filing of Plaintiffs' Statement in Response to First Scheduling Order re #28 Scheduling Order, ; filed by Consol Plaintiffs Sunseet S Bath, Ryan M Fox, Khuzi Hsue, Jeffrey E Kashner, Stan's Bar-B-Q LLC. (Williams-Derry, Amy) Modified on 11/5/2020 per counsel, filed in error (STP). |
| Filing 41 DISREGARD filed in error NOTICE of Filing of Plaintiffs' Statement in Response to First Scheduling Order re #28 Scheduling Order, ; filed by Consol Plaintiffs Ryan M Fox, Khuzi Hsue, Jeffrey E Kashner, Stan's Bar-B-Q LLC, Plaintiff Jennifer B Nguyen. (Williams-Derry, Amy) Modified on 11/5/2020 per counsel, filed in error (STP). |
| NOTICE of Docket Text Modification re #41 Notice-Other, #42 Notice-Other, #40 Notice-Other : Struck per counsel request, filed in error. (STP) |
| Filing 40 DISREGARD Filed in error NOTICE of Filing of Plaintiffs' Statement in Response to First Scheduling Order re #28 Scheduling Order, ; filed by Plaintiff Jennifer B Nguyen. (Williams-Derry, Amy) Modified on 11/5/2020 per counsel filed in error (STP). |
| Filing 39 MINUTE ENTRY: Please be advised that a new case has been added to the list of related cases to be discussed during the November 9 case management conference. See Seattle Bakery LLC et al v. Sentinel Insurance Company Ltd, 20-cv-1540-BJR. Authorized by Judge Barbara J. Rothstein. (MW) |
| Filing 38 MINUTE ENTRY: Please be advised that a new case has been added to the list of related cases to be discussed during the November 9 case management conference. See Worthy Hotels Inc et al v. Fireman's Fund Insurance Company, 20-cv-01515-BJR. Authorized by Judge Barbara J. Rothstein. (MW) |
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Filing 37
MINUTE ORDER: The Court is in receipt of the parties' correspondence regarding the Court's First Scheduling Order. The Court hereby schedules a case management conference to be conducted on November 9, 2020 at 1:00 pm Pacific via Zoom. Technical details for the Zoom conference to follow. Authorized by Judge Barbara J. Rothstein. (MW)
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| Filing 36 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Owen R Mooney for Consol Defendants The Charter Oak Fire Insurance Co, Travelers Indemnity Company of America, Defendant Travelers Casualty Insurance Company of America. (Mooney, Owen) |
| Filing 35 AMENDED COMPLAINT against defendant(s) Travelers Casualty Insurance Company of America with JURY DEMAND, filed by Stan's Bar-B-Q LLC, Khuzi Hsue, Sunseet S Bath, Ryan M Fox, Jennifer B Nguyen, Jeffrey E Kashner.(Williams-Derry, Amy) |
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Filing 34
MINUTE ORDER: The Court notes the parties' Notice of Stipulation Filed Extending Time to Respond to Motion to Consolidate. Dkt. No. #32 . The Court has granted the motion as filed in the related case Marler v. Aspen American Insurance Company 20-cv-00616. Defendants' response to the motion to consolidate shall be due no later than October 21, 2020 and Plaintiffs' reply in support shall be due no later than 14 days from the date Defendants file their response. Authorized by Judge Barbara J. Rothstein. (MW)
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Filing 33
ORDER re Consolidation and Motion for Leave to File Amended Complaint re: Bath v. Travelers, No 3:20-05489-BJR, Fox v.Travelers, No. 2:20-cv-00598-BJR, Hsue v. Travelers, 2:20-00622-BJR, Kashner v.Travelers, No, 2:20-cv-00625-BJR, Nguyen v. Travelers, No. 2:20-00597-BJR, and Stan's Bar-B-Q v. Charter Oak, 2:20-00613-BJR. Plaintiffs may file a consolidated amended complaint by October 16, 2020 in Nguyen v. Travelers, No. 2:20-00597-BJR, which is the lowest-captioned action listed above. The consolidated amended complaint will bear the caption Jennifer B. Nguyen, et al. v. Travelers Casualty Insurance Company of America, et al. Defendant may answer, move, or otherwise respond to Plaintiff's amended complaint on or before November 6, 2020. Signed by Judge Barbara J. Rothstein. (MW)
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| Filing 32 NOTICE of Stipulation Filed Extending Time to Respond to Motion to Consolidate re #27 Notice-Other ; filed by Plaintiff Jennifer B Nguyen. (Attachments: #1 Exhibit Marler Stipulation)(Swope, Karin) |
| Filing 31 NOTICE of Filing ; filed by Plaintiff Jennifer B Nguyen. (Williams-Derry, Amy) |
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Filing 30
MINUTE ORDER: Please be advised that an additional case has been added to the list of related COVID-19 Business Insurance cases assigned to the undersigned. See Seattle Gymnastics Academy Inc. v. Sentinel Insurance Company Ltd. (20-cv-00884). Please see the attached updated list of all relevant cases. Authorized by Judge Barbara J. Rothstein. (TH)
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| Filing 29 NOTICE of Order Denying Transfer re MDL No. 2965, IN RE: Travelers COVID-19 Business Interruption Protection Insurance Litigation. (PM) |
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Filing 28
FIRST SCHEDULING ORDER. The Court orders that counsels' meet and confer take place within the next two weeks, reporting back to the Court no later than October 20, 2020 as to counsels' readiness to meet with the Court. At that time counsel shall jointly suggest to the Court several dates and times convenient for them to meet with the Court. Signed by Judge Barbara J. Rothstein. (TH)
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| Filing 27 NOTICE of Filing Motion to Consolidate Washington Covid-19 Closure Class Action Lawsuits ; filed by Plaintiff Jennifer B Nguyen. (Attachments: #1 Motion to Consolidate, #2 Williams-Derry Declaration)(Swope, Karin) |
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Filing 26
STANDING ORDER FOR ALL CIVIL CASES. The procedures in this Order supplement, and in some cases, supersede the local rules. The parties are responsible for being familiar with the procedures in this Order. Failure to comply with the procedures may result in sanctions. Signed by Judge Barbara J. Rothstein. (GC)
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Filing 25
ORDER REASSIGNING CASE. Case reassigned to Judge Barbara J. Rothstein for all further proceedings. Judge Ricardo S. Martinez no longer assigned to case. Signed by Judge Ricardo S. Martinez. (PM)
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Filing 24
STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO #20 MOTION TO DISMISS re Parties' #22 Stipulation. Plaintiff's response due no later than 14 days after the Judicial Panel on Multidistrict Litigation issues an Order on its Order to Show Cause. Defendant's reply brief due no later than 14 days after Plaintiff files his response brief. The Motion to Dismiss #20 , currently noted for October 2, shall be noted for consideration on the date that Defendant files its reply brief. Signed by Judge Ricardo S. Martinez (PM).
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| Filing 23 NOTICE to Withdraw Pending Motion re #18 MOTION to Stay Pending Ruling on JPML Order to Show Cause re Transfer and Consolidation or Coordination of Travelers Cases ; by Plaintiff Jennifer B Nguyen. (Birk, Ian) |
| Filing 22 STIPULATION AND PROPOSED ORDER Extending Time to Respond to Motion to Dismiss by parties re #20 MOTION to Dismiss The Amended Complaint (Swope, Karin) |
| Filing 21 NOTICE of Appearance by attorney Karin Bornstein Swope on behalf of Plaintiff Jennifer B Nguyen. (Swope, Karin) |
| Filing 20 MOTION to Dismiss The Amended Complaint, filed by Defendant Travelers Casualty Insurance Company of America. Oral Argument Requested. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibits B-G) Noting Date 10/2/2020, (Bentson, Daniel) |
| Filing 19 RESPONSE, by Defendant Travelers Casualty Insurance Company of America, to #18 MOTION to Stay Pending Ruling on JPML Order to Show Cause re Transfer and Consolidation or Coordination of Travelers Cases. (Attachments: #1 Proposed Order)(Bentson, Daniel) |
| Filing 18 MOTION to Stay Pending Ruling on JPML Order to Show Cause re Transfer and Consolidation or Coordination of Travelers Cases, filed by Plaintiff Jennifer B Nguyen. (Attachments: #1 Exhibit Declaration of Ian S. Birk, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order) Noting Date 9/11/2020, (Birk, Ian) |
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Filing 17
ORDER granting Plaintiff's #16 Unopposed Motion for Stay of Proceedings Pending Ruling on Consolidation and Transfer by JPML. Signed by Judge Ricardo S. Martinez. (PM)
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| Filing 16 Unopposed MOTION to Stay , filed by Plaintiff Jennifer B Nguyen. (Attachments: #1 Proposed Order) Noting Date 6/9/2020, (Birk, Ian) |
| Filing 15 AMENDED COMPLAINT against defendant(s) Travelers Casualty Insurance Company of America with JURY DEMAND, filed by Jennifer B Nguyen.(Birk, Ian) |
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Filing 14
ORDER re parties' #13 Stipulated Motion to Extend Time to Respond to Plaintiff's Complaint. Defendant shall have until June 30, 2020 to file an Answer or otherwise respond to Plaintiff's Complaint. Signed by Judge Ricardo S. Martinez. (PM)
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| Filing 13 Stipulated MOTION to Extend Time to Respond to Complaint, filed by Defendant Travelers Casualty Insurance Company of America. Noting Date 5/22/2020, (Bentson, Daniel) |
| Filing 12 AFFIDAVIT of Service of Summons and Complaint on Travelers Casualty Insurance Company of America on 4/24/2020, filed by Plaintiff Jennifer B Nguyen. (Williams-Derry, Amy) |
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Filing 11
ORDER re #9 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Stephen E Goldman for Defendant Travelers Casualty Insurance Company of America, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 10
ORDER re #8 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Wystan M. Ackerman for Defendant Travelers Casualty Insurance Company of America, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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| Filing 9 APPLICATION OF ATTORNEY Stephen E. Goldman FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Travelers Casualty Insurance Company of America (Fee Paid) Receipt No. AWAWDC-6343842 (Bentson, Daniel) |
| Filing 8 APPLICATION OF ATTORNEY Wystan M. Ackerman FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Travelers Casualty Insurance Company of America (Fee Paid) Receipt No. AWAWDC-6343814 (Bentson, Daniel) |
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Filing 7
STIPULATION AND ORDER extending until 5/29/2020 the deadline for Defendant to answer or respond to the Complaint per parties' #6 Stipulation. Signed by Judge Ricardo S. Martinez. (PM)
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| Attorney Owen R Mooney added as counsel for Travelers Casualty Insurance Company of America per #5 Notice of Appearance. (PM) |
| Filing 6 STIPULATION AND PROPOSED ORDER to Extend Response Deadline by parties re #1 Complaint (Bentson, Daniel) |
| Filing 5 NOTICE of Appearance by attorney Daniel Rahn Bentson on behalf of Defendant Travelers Casualty Insurance Company of America. (Bentson, Daniel) |
| Filing 4 NOTICE of Association of Attorney by Nathan L Nanfelt on behalf of Plaintiff Jennifer B Nguyen. (Nanfelt, Nathan) |
| Filing 3 Summons Electronically Issued as to defendant Travelers Casualty Insurance Company of America (CDA) |
| Filing 2 NOTICE TO FILER: re #1 Complaint. Notice of Filing Deficiency** Action Required ** See attached letter for more information and instructions. (CDA) Modified on 4/22/2020 ad hoc Attorney Chase (CDA). |
| Judge Ricardo S. Martinez added. (CDA) |
| Filing 1 COMPLAINT CLASS ACTION against defendant(s) Travelers Casualty Insurance Company of America with JURY DEMAND (Receipt # AWAWDC-6285283), filed by JENNIFER B NGUYEN. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Birk, Ian) |
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