Marler v. Aspen American Insurance Company

W.D. Washington

Marler v. Aspen American Insurance Company

District Court, W.D. Washington·Decided November 10, 2020·No. 2:20-cv-00616·Unknown

Opinion

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON

) MARLER, et al ) ) CASE NO. 2:20-cv-00616-BJR Plaintiffs, ) ) ORDER ON CONSOLIDATION v. ) ) ASPEN AMERICAN INSURANCE ) ) Defendant. )

On November 11, 2020, the Court conducted a case management conference to discuss possible consolidation of this and other like matters involving claims for business insurance coverage resulting from the COVID 19 pandemic. Federal Rule of Civil Procedure 42(a) permits courts to consolidate “[i]f actions before the court involve a common question of law or fact.” FED. R. CIV. P. 42(a). This rule affords “broad discretion” to consolidate cases pending in the same district, either upon motion by a party or sua sponte. In re Adams Apple, Inc., 829 F.2d 1484, 1487 (9th Cir. 1987). Courts consider a number of factors in analyzing the appropriateness of consolidation, including judicial economy, whether consolidation would expedite resolution of the case, whether separate cases may yield inconsistent results, and the potential prejudice to a party opposing consolidation. See 8 Moore’s Federal Practice—Civil § 42.10[4-5] (2020). 1 Based on the case management conference and the agreement of the parties, the Court

concludes that consolidation according to insurance group will best serve judicial economy in resolving the common issues presented by these cases. As such, the Court hereby ORDERS that the cases involving the insurance group Aspen American Insurance Company be consolidated. These cases include Marler v. Aspen American Insurance Company (20-cv-616); Karla Aylen DDS PLLC vy. Aspen American Insurance Company (20-cv-717); Jagow v. Aspen American Insurance Company (20-cv-1205); Shokofeh Tabaraie DDS PLLC vy. Aspen American Insurance Company

(20-cv-1035); and Mikkelson v. Aspen American Insurance Company (20-cv-5378), which shall

be consolidated under case number 20-cv-616 as the first filed case. The Clerk of the Court is hereby notified of this consolidation. DATED this 10th day of November, 2020. tae. Meher, BARBARA J. ROTHSTEIN UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON

) MARLER, et al ) ) CASE NO. 2:20-cv-00616-BJR Plaintiffs, ) ) ORDER ON CONSOLIDATION v. ) ) ASPEN AMERICAN INSURANCE ) ) Defendant. )

On November 11, 2020, the Court conducted a case management conference to discuss possible consolidation of this and other like matters involving claims for business insurance coverage resulting from the COVID 19 pandemic. Federal Rule of Civil Procedure 42(a) permits courts to consolidate “[i]f actions before the court involve a common question of law or fact.” FED. R. CIV. P. 42(a). This rule affords “broad discretion” to consolidate cases pending in the same district, either upon motion by a party or sua sponte. In re Adams Apple, Inc., 829 F.2d 1484, 1487 (9th Cir. 1987). Courts consider a number of factors in analyzing the appropriateness of consolidation, including judicial economy, whether consolidation would expedite resolution of the case, whether separate cases may yield inconsistent results, and the potential prejudice to a party opposing consolidation. See 8 Moore’s Federal Practice—Civil § 42.10[4-5] (2020). 1 Based on the case management conference and the agreement of the parties, the Court

concludes that consolidation according to insurance group will best serve judicial economy in resolving the common issues presented by these cases. As such, the Court hereby ORDERS that the cases involving the insurance group Aspen American Insurance Company be consolidated. These cases include Marler v. Aspen American Insurance Company (20-cv-616); Karla Aylen DDS PLLC vy. Aspen American Insurance Company (20-cv-717); Jagow v. Aspen American Insurance Company (20-cv-1205); Shokofeh Tabaraie DDS PLLC vy. Aspen American Insurance Company

(20-cv-1035); and Mikkelson v. Aspen American Insurance Company (20-cv-5378), which shall

be consolidated under case number 20-cv-616 as the first filed case. The Clerk of the Court is hereby notified of this consolidation. DATED this 10th day of November, 2020. tae. Meher, BARBARA J. ROTHSTEIN UNITED STATES DISTRICT JUDGE

Marler v. Aspen American Insurance Company, (W.D. Wash. 2020).

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In Re Adams Apple, Inc., Debtor. Robert C. Burchinal, Donald G. Ott, Meton G. Raine, Karen O. Raine, John Ruud, Richard H. Mason, Phyllis Mason, Richard Floren, Rachel Floren, Kenneth R. Irwin, Sharon Irwin, Richard J. Willsey and Cheri Ann Willsey, Plaintiffs v. Central Washington Bank, Bank of California v. Central Washington Bank

829 F.2d 1484 (Ninth Circuit, 1987)

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