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CLOSED, JURYDEMAND

U.S. District Court

United States District Court for the Western District of Washington (Seattle)
CIVIL DOCKET FOR CASE #: 2:08-cv-00162-JCC

Windsong Condominium Association v. Ace USA Specialty Date Filed: 02/01/2008

Claims
Assigned to: Judge John C Coughenour
Cause: 28:1332 Diversity-Breach of Contract
Plaintiff
Windsong Condominium Association
a Washington non-profit corporation
Date Terminated: 03/23/2009
Jury Demand: Plaintiff
Nature of Suit: 110 Insurance
Jurisdiction: Diversity
represented by Gregory L Harper
HARPER | HAYES PLLC
ONE UNION SQUARE
600 UNIVERSITY ST
STE 2420
SEATTLE , WA 98101
206-340-8010
Email: greg@harperhayes.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael Joseph Crisera

HARPER | HAYES PLLC
ONE UNION SQUARE
600 UNIVERSITY ST
STE 2420
SEATTLE , WA 98101
206-340-8010
Email: mcrisera@harperhayes.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Todd Christopher Hayes

HARPER | HAYES PLLC
ONE UNION SQUARE
600 UNIVERSITY ST
STE 2420
SEATTLE , WA 98101
206-340-8010

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V.
Defendant
Ace USA Specialty Claims
a foreign corporation
TERMINATED: 04/04/2008
Defendant
Bankers Standard Insurance
Company
a foreign corporation
Defendant
Ace Fire Underwriters Insurance
Company
a foreign corporation
formerly known as
CIGNA Fire Underwriters Insurance
Company
Counter Claimant
Ace USA Specialty Claims
a foreign corporation
TERMINATED: 04/04/2008
V.
Counter Defendant
Windsong Condominium Association
a Washington non-profit corporation
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Fax: 206-260-2852
Email: todd@harperhayes.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
represented by Craig Hinton Bennion
COZEN O'CONNOR (SEA)
1201 THIRD AVE
STE 5200
SEATTLE , WA 98101-3071
206-340-1000
Email: cbennion@cozen.com
ATTORNEY TO BE NOTICED
represented by Craig Hinton Bennion
(See above for address)
ATTORNEY TO BE NOTICED
represented by Craig Hinton Bennion
(See above for address)
ATTORNEY TO BE NOTICED
represented by Gregory L Harper
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael Joseph Crisera
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(See above for address)

LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Todd Christopher Hayes

(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed # Docket Text

02/01/2008 1 COMPLAINT FOR DECLARATORY RELIEF AND DAMAGES -- JURY
DEMANDED against defendant(s) Ace USA Specialty Claims (Summons(es)
issued)(Receipt #: SEA15198), filed by Windsong Condominium Association.
(Attachments: # 1 Civil Cover Sheet # 2 Transmittal email)(DJ) (Entered:
02/05/2008)
02/01/2008 2 PRAECIPE TO ISSUE SUMMONS by Plaintiff Windsong Condominium
Association. (DJ) (Entered: 02/05/2008)
02/26/2008 3 CERTIFICATE OF SERVICE by Plaintiff Windsong Condominium Association
re 1 Complaint, upon Defendant via Washington Insurance Commissioner.
(Crisera, Michael) (Entered: 02/26/2008)
03/05/2008 4 ANSWER to Complaint, COUNTERCLAIM against plaintiff Windsong
Condominium Association by Ace USA Specialty Claims.(Bennion, Craig)
(Entered: 03/05/2008)
03/19/2008 5 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT
AND EARLY SETTLEMENT Joint Status Report due by 4/30/2008, FRCP 26f
Conference Deadline is 4/16/2008, Initial Disclosure Deadline is 4/23/2008 by
Judge Ricardo S. Martinez. (LW) (Entered: 03/19/2008)
03/25/2008 6 ANSWER to Counterclaim by Windsong Condominium Association.(Crisera,
Michael) (Entered: 03/25/2008)
03/28/2008 7 Stipulated MOTION AND ORDER FOR LEAVE TO FILE FIRST AMENDED
COMPLAINT by Plaintiff Windsong Condominium Association. Noting Date
3/28/2008.(Crisera, Michael) (Entered: 03/28/2008)
04/03/2008 8 STIPULATED MOTION AND ORDER FOR LEAVE TO FILE FIRST
AMENDED COMPLAINT re 7 Stipulated Motion, by Judge Ricardo S
Martinez. Plaintiff Windsong Condominium Association may file its First
Amended Complaint.(TS, ) (Entered: 04/03/2008)
04/04/2008 9 AMENDED COMPLAINT FOR DECLARATORY RELIEF AND DAMAGES
against defendant(s) Bankers Standard Insurance Company, Ace Fire
Underwriters Insurance Company with JURY DEMAND, filed by Windsong

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Condominium Association.(Hayes, Todd) (Entered: 04/04/2008)

04/16/2008 10 WAIVER OF SERVICE of summons upon defendant Bankers Standard
Insurance Company mailed on 4/9/2008; Ace Fire Underwriters Insurance
Company mailed on 4/9/2008 (Harper, Gregory) (Entered: 04/16/2008)
04/30/2008 11 JOINT STATUS REPORT signed by all parties; estimated Trial Days: 5..
(Crisera, Michael) (Entered: 04/30/2008)
04/30/2008 12 AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon JRP
Engineering Inc served on 4/25/08. (RS, ) (Entered: 05/01/2008)
05/06/2008 13 ORDER SETTING TRIAL DATE AND RELATED DATES by Judge Ricardo S
Martinez. Length of Trial: *5 days*. Jury Trial is set for 7/13/2009 at 09:00 AM
before Judge Ricardo S Martinez. Joinder of Parties due by 6/3/2008; Expert
Witness Disclosure/Reports under FRCP 26(a)(2) due by 1/14/2009; Motions
due by 2/13/2009; Discovery completed by 3/16/2009; Dispositive motions due
by 4/14/2009; 39.1 mediation to be completed by 5/29/2009; Motions in Limine
due by 6/15/2009; Pretrial Order due by 7/1/2009; Trial briefs to be submitted
by 7/8/2009; Proposed voir dire/jury instructions due by 7/8/2009. (LC, )
(Entered: 05/06/2008)
07/08/2008 14 AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon James
Perrault served on 7/2/08. (RS) (Entered: 07/10/2008)
07/15/2008 15 AFFIDAVIT OF SERVICE OF AMENDED DEPOSITION SUBPOENA upon
James Perrault JRP Engineering served on 7/10/08. (RS) (Entered: 07/16/2008)
07/21/2008 16 MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge John C
Coughenour for all further proceedings. All future documents to bear cause no
C08-162JCC by Judge Ricardo S Martinez. (RS) (Entered: 07/21/2008)
08/07/2008 17 MOTION for Partial Summary Judgment re insurance coverage for "water
damage" by Plaintiff Windsong Condominium Association. (Attachments: # 1
Proposed Order) Noting Date 8/29/2008 (Hayes, Todd) (Entered: 08/07/2008)
08/07/2008 18 DECLARATION of James R. Perrault filed by Plaintiff Windsong
Condominium Association re 17 MOTION for Partial Summary Judgment re
insurance coverage for "water damage" (Hayes, Todd) (Entered: 08/07/2008)
08/07/2008 19 DECLARATION of Todd C. Hayes filed by Plaintiff Windsong Condominium
Association re 17 MOTION for Partial Summary Judgment re insurance
coverage for "water damage" (Attachments: # 1 Exhibit A to Hayes Declaration,
# 2 Exhibit B1 to Hayes Declaration, # 3 Exhibit B2 to Hayes Declaration, # 4
Exhibit B3 to Hayes Declaration, # 5 Exhibit C1 to Hayes Declaration, # 6
Exhibit C2 to Hayes Declaration, # 7 Exhibit D to Hayes Declaration, # 8
Exhibit E to Hayes Declaration)(Hayes, Todd) (Entered: 08/07/2008)

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08/12/2008 20 NOTICE that the following is RE-NOTED: 17 MOTION for Partial Summary
Judgment re insurance coverage for "water damage". Filed by Plaintiff
Windsong Condominium Association. Noting Date 9/19/2008 (Hayes, Todd)
(Entered: 08/12/2008)
09/03/2008 21 AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon James
Perrault served on 8/26/08. (RS) (Entered: 09/04/2008)
09/15/2008 22 RESPONSE, by Defendant Ace Fire Underwriters Insurance Company, to 17
MOTION for Partial Summary Judgment re insurance coverage for "water
damage". Oral Argument Requested. (Attachments: # 1 Proposed Order
Denying Motionf or Partial Summary Judgment)(Bennion, Craig) (Entered:
09/15/2008)
09/15/2008 23 DECLARATION of Jeff Harris filed by Defendant Ace Fire Underwriters
Insurance Company re 17 MOTION for Partial Summary Judgment re insurance
coverage for "water damage" (Bennion, Craig) (Entered: 09/15/2008)
09/19/2008 24 REPLY, filed by Plaintiff Windsong Condominium Association, TO
RESPONSE to 17 MOTION for Partial Summary Judgment re insurance
coverage for "water damage" (Hayes, Todd) (Entered: 09/19/2008)
09/19/2008 25 DECLARATION of Michael J. Crisera filed by Plaintiff Windsong
Condominium Association re 17 MOTION for Partial Summary Judgment re
insurance coverage for "water damage" (Hayes, Todd) (Entered: 09/19/2008)
09/19/2008 26 DECLARATION of Craig H. Bennion filed by Defendant Ace Fire
Underwriters Insurance Company re 17 MOTION for Partial Summary
Judgment re insurance coverage for "water damage" (Bennion, Craig) (Entered:
09/19/2008)
12/12/2008 27 ORDER by Judge John C Coughenour. The Court GRANTS Plaintiff's Motion
for Partial Summary Judgment (Dkt. No. 17 ).(CL) (Entered: 12/12/2008)
02/13/2009 28 Stipulated MOTION & ORDER TO AMEND ORDER SETTING TRIAL DATE
AND RELATED DATES by Defendant Bankers Standard Insurance Company.
Noting Date 2/13/2009, (Bennion, Craig) (Entered: 02/13/2009)
02/25/2009 29 ORDER AMENDING RELATED TRIAL DATES: Discovery Motions filed by
3/19/2009, Discovery completed by 4/15/2009, Dispositive motions filed by
5/14/2009, by Judge John C Coughenour. (VP) (Entered: 02/25/2009)
03/06/2009 30 AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon McLarens
Young Int'l served on 3/2/09. (RS) (Entered: 03/09/2009)
03/19/2009 31 Stipulated MOTIONand Proposed Order for Dismissal with Prejudice by
Plaintiff Windsong Condominium Association. Noting Date 3/19/2009, (Hayes,
Todd) Modified docket text on 3/20/2009 (VP). (Entered: 03/19/2009)

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03/23/2009 32 ORDER granting 31 Stipulated Motion for Dismissal; Any and all claims
brought by the parties herein are hereby dismissed with prejudice and without
costs, by Judge John C Coughenour.(VP) (Entered: 03/24/2009)
03/25/2009 33 NOTICE from Mediator Thomas V. Harris, that on 3/12/09, the parties
participated in a mediation. This matter is now resolved. (VP) (Entered:
03/25/2009)
03/25/2009 34 NOTICE from Mediator Thomas V. Harris, that on 3/12/09, the parties
participated in a mediation. This matter is now resolved. (VP) (Entered:
03/26/2009)

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