Nordstrom Inc v. XL Insurance America Inc et al
| Nordstrom Inc |
| XL Insurance America Inc, ACE American Insurance Company, AIG Specialty Insurance Company, Continental Casualty Company, Ironshore Specialty Insurance Company and Factory Mutual Insurance Company |
| 2:2021cv01435 |
| October 20, 2021 |
| US District Court for the Western District of Washington |
| Thomas S Zilly |
| Insurance |
| 28 U.S.C. § 1441 Petition for Removal- Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 7, 2022. A more recent docket listing may be available from PACER.
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| ***Civil Case Terminated pursuant to FRCP 41(a)(1)(A)(ii) re Parties' #55 Stipulated MOTION to Dismiss All Claims with Prejudice. (SR) |
| Filing 55 Stipulated MOTION to Dismiss All Claims with Prejudice, filed by Defendant Factory Mutual Insurance Company. Noting Date 9/6/2022, (Bentson, Daniel) |
| Filing 54 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Guinevere Becker Bogusz for Plaintiff Nordstrom Inc. (Bogusz, Guinevere) |
Filing 53
ORDER re #51 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Michael P Collier for Defendant Ironshore Specialty Insurance Company by Clerk Ravi Subramanian. 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). (JWC)
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Filing 52
ORDER re #50 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney James Kitces for Defendant Ironshore Specialty Insurance Company by Clerk Ravi Subramanian. 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). (JWC)
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| Filing 51 APPLICATION OF ATTORNEY Michael P. Collier FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Ironshore Specialty Insurance Company (Fee Paid) Receipt No. AWAWDC-7507955 (Morrison, James) |
| Filing 50 APPLICATION OF ATTORNEY James A. Kitces FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Ironshore Specialty Insurance Company (Fee Paid) Receipt No. AWAWDC-7507926 (Morrison, James) |
| Filing 49 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Matthew M Burke for Defendant Ironshore Specialty Insurance Company. (Morrison, James) |
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Filing 48
MINUTE ORDER. The Court having stayed, see docket no. #47 , all proceedings in this action pending the Washington Supreme Court's decision in Hill and Stout PLLC v. Mutual of Enumclaw Insurance Company, No. 100211-4 (Wash.), or until further order of this Court, Defendants' motion to dismiss, docket no. #28 , is STRICKEN without prejudice to refiling if appropriate after the stay is lifted. Authorized by Judge Thomas S. Zilly.(MW)
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Filing 47
MINUTE ORDER granting Plaintiff's #39 Motion to Stay. The Court hereby STAYS all proceedings in this action pending the Washington Supreme Court's decision in Hill and Stout PLLC v. Mutual of Enumclaw Insurance Company, No. 100211-4 (Wash.), or until further order of this Court. The parties are DIRECTED to file a joint status report within fourteen (14) days after the Washington Supreme Court issues its decision. Authorized by Judge Thomas S. Zilly.(MW)
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| Filing 46 DECLARATION of Carl E. Forsberg filed by Defendant XL Insurance America Inc re #28 MOTION to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6) by Defendants (Attachments: #1 Exhibit 7: 20-25 Coronovirus Stay Safe-Stay Healthy)(Forsberg, Carl) |
| Filing 45 REPLY, filed by Defendant XL Insurance America Inc, TO RESPONSE to #28 MOTION to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6) by Defendants (Forsberg, Carl) |
| Filing 44 DECLARATION of Kasey D. Huebner filed by Plaintiff Nordstrom Inc re #39 MOTION to Stay (Huebner, Kasey) |
| Filing 43 REPLY, filed by Plaintiff Nordstrom Inc, TO RESPONSE to #39 MOTION to Stay (Huebner, Kasey) |
| Filing 42 RESPONSE, by Defendants ACE American Insurance Company, AIG Specialty Insurance Company, Continental Casualty Company, Factory Mutual Insurance Company, Ironshore Specialty Insurance Company, XL Insurance America Inc, to #39 MOTION to Stay . (Morrison, James) |
| Filing 41 RESPONSE, by Plaintiff Nordstrom Inc, to #28 MOTION to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6) by Defendants. (Attachments: #1 Proposed Order)(Huebner, Kasey) |
| Filing 40 DECLARATION of Kasey D. Huebner filed by Plaintiff Nordstrom Inc re #39 MOTION to Stay (Huebner, Kasey) |
| Filing 39 MOTION to Stay , filed by Plaintiff Nordstrom Inc. (Attachments: #1 Proposed Order) Noting Date 2/18/2022, (Huebner, Kasey) |
| Filing 38 NOTICE that the following is RE-NOTED: #28 MOTION to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6) by Defendants. Filed by Defendant XL Insurance America Inc. Noting Date 2/18/2022, (Forsberg, Carl) |
| The parties' request for further extension of the FRCP 26(f) conference, initial disclosure, and joint status report deadlines pending resolution of defendants' motion to dismiss, docket no. #28 , is GRANTED. The FRCP 26(f) conference shall be conducted within 20 days of the Court's ruling on Defendants' motion to dismiss. Initial disclosures and the joint status report are due within 30 days of the Court's ruling on Defendants' motion. (TKL) |
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Filing 37
ORDER re #35 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Costantino Suriano for Defendant Continental Casualty Company, by Clerk Ravi Subramanian. 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). (JWC)
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Filing 36
ORDER re #34 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Robert S Goodman for Defendant Continental Casualty Company, by Clerk Ravi Subramanian. 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). (JWC)
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| Filing 35 APPLICATION OF ATTORNEY Costantino P. Suriano FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Continental Casualty Company (Fee Paid) Receipt No. AWAWDC-7380943 (Ricketts, Michael) |
| Filing 34 APPLICATION OF ATTORNEY Robert S. Goodman FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Continental Casualty Company (Fee Paid) Receipt No. AWAWDC-7380908 (Ricketts, Michael) |
| Defendants' unopposed telephonic request to extend certain deadlines is GRANTED. FRCP 26(f) Conference Deadline is 2/14/2022, Initial Disclosure Deadline is 2/28/2022, Joint Status Report due by 2/28/2022. (TKL) |
| Filing 33 NOTICE that the following is RE-NOTED: #28 MOTION to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6) by Defendants. Filed by Defendant XL Insurance America Inc. Noting Date 1/28/2022, (Forsberg, Carl) |
| Filing 32 NOTICE that the following is RE-NOTED: #28 MOTION to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6) by Defendants. Filed by Defendants ACE American Insurance Company, AIG Specialty Insurance Company, Continental Casualty Company, Factory Mutual Insurance Company, Ironshore Specialty Insurance Company, XL Insurance America Inc. Noting Date 1/21/2022, (Forsberg, Carl) |
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Filing 31
ORDER re #30 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Erin Bradham for Defendant AIG Specialty Insurance Company, by Clerk Ravi Subramanian. 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 30 APPLICATION OF ATTORNEY Erin E. Bradham FOR LEAVE TO APPEAR PRO HAC VICE for Defendant AIG Specialty Insurance Company (Fee Paid) Receipt No. AWAWDC-7345749 (Baker, Gabriel) |
| NOTE: Document #28 was filed improperly. Appearance of attorney Erin E Bradham has not yet been made and notices of electronic filing will not be sent to this attorney until corrected. Signatures must be in accordance with FRCP 11 and LCR 83.2(a) and must comply with #ECF Filing Procedures. (MW) |
| Filing 29 DECLARATION of Carl E. Forsberg filed by Defendant XL Insurance America Inc re #28 MOTION to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6) by Defendants (Attachments: #1 Exhibit Nordstrom XL Policy 2019-2020, #2 Exhibit Nordstrom ACE Policy, #3 Exhibit Nordstrom AIG Policy, #4 Exhibit Nordstrom CNA Policy, #5 Exhibit Nordstrom Ironshore Policy, #6 Exhibit Exhibit 6 - Nordstrom FM Policy)(Forsberg, Carl) |
| Filing 28 MOTION to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6) by Defendants, filed by Defendant XL Insurance America Inc. (Attachments: #1 Proposed Order) Noting Date 1/28/2022 1/21/2022 12/17/2021, (Forsberg, Carl) Modified on 12/13/2021 (MW). Modified on 12/14/2021 (MW). |
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Filing 27
ORDER re #26 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Matthew M Burke for Defendant Ironshore Specialty Insurance Company, by Clerk Ravi Subramanian. 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 26 APPLICATION OF ATTORNEY Matthew M. Burke FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Ironshore Specialty Insurance Company (Fee Paid) Receipt No. AWAWDC-7338315 (Morrison, James) |
| Filing 25 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Loews Corporation, Corporate Parent CNA Financial Corporation, Corporate Parent Continental Corporation for Continental Casualty Company. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Continental Casualty Company (Ricketts, Michael) |
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Filing 24
ORDER re #20 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Gabrielle Siskind for Defendant XL Insurance America Inc, by Clerk Ravi Subramanian. 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 23 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Liberty Mutual Insurance Company, Corporate Parent Ironshore Holdings (U.S.) Inc., Corporate Parent Liberty Mutual Group Inc., Corporate Parent Liberty Mutual Holding Company, Corporate Parent LMHC Massachusetts Holdings for Ironshore Specialty Insurance Company. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Ironshore Specialty Insurance Company (Morrison, James) |
| Filing 22 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Factory Mutual Insurance Company (Bentson, Daniel) |
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Filing 21
ORDER re #19 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Matthew Gonzalez for Defendant XL Insurance America Inc, by Clerk Ravi Subramanian. 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 20 APPLICATION OF ATTORNEY Gabrielle Siskind FOR LEAVE TO APPEAR PRO HAC VICE for Defendant XL Insurance America Inc (Fee Paid) Receipt No. AWAWDC-7311498 (Forsberg, Carl) |
| Filing 19 APPLICATION OF ATTORNEY Matthew Gonzalez FOR LEAVE TO APPEAR PRO HAC VICE for Defendant XL Insurance America Inc (Fee Paid) Receipt No. AWAWDC-7311494 (Forsberg, Carl) |
| Filing 18 VERIFICATION OF STATE COURT RECORDS re #1 Notice of Removal, by Defendant XL Insurance America Inc (Attachments: #1 a. Order Setting Original Case Schedule, #2 b. Case Information Cover Sheet, #3 c. Summons to XL Insurance America, Inc, #4 d. Summons to ACE American Insurance Company, #5 e. Summons to AIG Specialty Insurance Company, #6 f. Summons to Ironshore Specialty Insurance Company, #7 g. Summons to Factory Mutual Insurance Company, #8 h. Notice of Appearance Factory Mutual Insurance Company, #9 i. Summons to Continental Casualty Company, #10 j. Certificate of Service XL Insurance America Inc, #11 k. Certificate of Service ACE American Insurance Company, #12 l. Certificate of Service AIG Specialty Insurance Company, #13 m. Certificate of Service Ironshore Specialty Insurance Company, #14 n. Certificate of Service Factory Mutual Insurance Company, #15 o. Acceptance of Service Continental Casualty Company, #16 p. Declaration of Service Factory Mutual Insurance Company, #17 q. Declaration of Service AIG Specialty Insurance Company, #18 r. Declaration of Service Ironshore Specialty Insurance Company, #19 s. Declaration of Service XL Insurance America, Inc, #20 t. Declaration of Service ACE American Insurance Company)(Forsberg, Carl) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Nordstrom Inc (Huebner, Kasey) |
| Filing 16 DEMAND for JURY TRIAL by Plaintiff Nordstrom Inc (Huebner, Kasey) |
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Filing 15
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge Thomas S. Zilly: Joint Status Report due by 12/27/2021, FRCP 26(f) Conference Deadline is 12/13/2021, Initial Disclosure Deadline is 12/27/2021. (TKL)
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Filing 14
MINUTE ORDER: The Honorable James L. Robart recuses himself from this matter and the case is reassigned in rotation to the Honorable Thomas S. Zilly. All future pleadings shall bear the cause number C21-1435TSZ. Authorized by Judge James L. Robart. (LH)
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| NOTICE REGARDING LACK OF PROPER SIGNATURE. The #11 Notice of Appearance was improperly signed by Robert Meyers. As such, Mr. Meyers has not been added to the case and will not receive future notices until corrected. Signatures must be in accordance with FRCP 11 and LCR 83.2(a) and must comply with #ECF Filing Procedures. Please file corrected signature page using Praecipe to Attach event and link to original filing. (LH) (cc: attorney Meyers via ECF ad hoc) |
| The stipulated motion, docket no. #13 , to extend response deadlines is GRANTED. Defendants shall have until November 22, 2021 to file an answer or otherwise respond to Plaintiff's Complaint. (TKL) |
| Attorney Benjamin J Roesch added for AIG Specialty Insurance Company; per #9 Notice of Appearance. (LH) |
| Filing 13 Stipulated MOTION for Extension of Time to File Answer re #1 Notice of Removal, , filed by Defendant Factory Mutual Insurance Company. Noting Date 10/25/2021, (Bentson, Daniel) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent INA Holdings Corporation, Corporate Parent INA Financial Corporation, Corporate Parent INA Corporation, Corporate Parent Chubb Limited, Corporate Parent Chubb INA Holdings, Inc., Corporate Parent Chubb Group Holdings, Inc. for ACE American Insurance Company. Filed pursuant to Fed.R.Civ.P 7.1. Filed by ACE American Insurance Company (Sullivan, Susan) |
| Filing 11 NOTICE of Appearance by attorney Susan Koehler Sullivan on behalf of Defendant ACE American Insurance Company. (Sullivan, Susan) |
| Filing 10 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent AIG Property Casualty Inc., Corporate Parent American International Group, Inc., Corporate Parent AIG Property Casualty U.S., Inc. for AIG Specialty Insurance Company. Filed pursuant to Fed.R.Civ.P 7.1. Filed by AIG Specialty Insurance Company (Baker, Gabriel) |
| Filing 9 NOTICE of Appearance by attorney Gabriel Baker on behalf of Defendant AIG Specialty Insurance Company. (Baker, Gabriel) |
| ***Deadlines/Hearings terminated. Terminated Corporate Disclosure Statement deadlines for defendants AIG Specialty Insurance Company and ACE American Insurance Company (also modified docket text of Notice to strike these parties) - parties have not yet appeared in this case.(KB) |
| Attorney Westin T McLean added for Factory Mutual Insurance Company, per #7 Notice of Appearance. (LH) |
| Filing 8 LETTER from Clerk to re receipt of case from King County Superior Court and advising of WAWD case number and judge assignment.JURY DEMAND - NOT submitted properly or NOT on file (Please refer to #LCR 101(b)(3) to file a proper jury demand) (RE) |
| Filing 7 NOTICE of Appearance by attorney Daniel Rahn Bentson on behalf of Defendant Factory Mutual Insurance Company. (Bentson, Daniel) |
| Filing 6 NOTICE of Appearance by attorney Michael Edward Ricketts on behalf of Defendant Continental Casualty Company. (Ricketts, Michael) |
| Filing 5 NOTICE of Appearance by attorney James Raymond Morrison on behalf of Defendant Ironshore Specialty Insurance Company. (Morrison, James) |
| Judge James L. Robart added. (RE) |
| NOTICE Pursuant to Fed.R.Civ.P 7.1, Plaintiff(s) Nordstrom Inc and Defendant(s) Ace American Insurance Company, AIG Specialty Insurance Company, Continental Casualty Company, Ironshore Specialty Insurance Company, and Factory Mutual Insurance Company must file a Corporate Disclosure Statement by 10/29/2021. (RE) Modified on 10/25/2021 to strike parties who have not yet appeared (KB). |
| NOTICE of Docket Text Modification re #4 Corporate Disclosure Statement : Added corporate parent and affiliates. (RE) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT indicating Defendant XL Insurance America, Inc. states as follows: XL Insurance America, Inc. (XLIA), is a Delaware Corporation with its principal place of business located in Stamford, Connecticut. XLIA is a direct subsidiary of Greenwich Insurance Company, Inc. and is an indirect subsidiary of XL Reinsurance America Inc., X.L. America, Inc., XL Financial Holdings (Ireland) Limited, XL Bermuda Ltd, EXEL Holdings Limited, XLIT Ltd., XL Group Ltd, and AXA SA. The ultimate indirect parent of XLIA is AXA SA, a company domiciled in France. Filed pursuant to Fed.R.Civ.P 7.1. Filed by XL Insurance America Inc (Forsberg, Carl) Modified on 10/22/2021 add to Corporate Parent/affiliates. (RE) |
| Filing 3 DECLARATION of Carl E. Forsberg re #1 Notice of Removal, by Defendant XL Insurance America Inc (Attachments: #1 Exhibit 1 - Summons and Complaint, #2 Exhibit 2 - Case Information Cover Sheet, #3 Exhibit 3 - Order Setting Case Schedule-Civil, #4 Exhibit 4 - Court Docket - KC Script Portal)(Forsberg, Carl) |
| Filing 2 NOTICE to Plaintiff re #1 Notice of Removal, ; filed by Defendant XL Insurance America Inc. (Attachments: #1 Exhibit Notice of Removal, #2 Exhibit Notice to Superior Court of Removal)(Forsberg, Carl) |
| Filing 1 NOTICE OF REMOVAL from King County Superior Court, case number 21-2-08801-1 SEA; (Receipt # AWAWDC-7300407), filed by XL Insurance America Inc. (Attachments: #1 Complaint, #2 Civil Cover Sheet)(Forsberg, Carl) (Attachment 2 replaced on 10/20/2021 to flatten malformed PDF) (KB). |
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