PC Collections LLC v. Starr Indemnity & Liability Company

W.D. Washington

PC Collections LLC v. Starr Indemnity & Liability Company

DecidedAugust 14, 2022

Docket3:21-cv-05754

StatusUnknown

This text of PC Collections LLC v. Starr Indemnity & Liability Company (PC Collections LLC v. Starr Indemnity & Liability Company) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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PC Collections LLC v. Starr Indemnity & Liability Company, (W.D. Wash. 2022).

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4 UNITED STATES DISTRICT COURT 5 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 PC COLLECTIONS, LLC, Cause No. C21-5754RSL 8 Plaintiff, ORDER DENYING MOTION 9 v. TO STAY AND EXTENDING 10 CASE MANAGEMENT STARR INDEMNITY & LIABILITY DEADLINES 11 COMPANY, 12 Defendants. 13

14 This matter comes before the Court on “Defendant’s Motion to Stay Proceeding.” (Dkt. 15 # 16) and the parties’ “Stipulated Motion to Amend Case Schedule” (Dkt. # 27). The Ninth 16 17 Circuit issued its decision in the coverage action on June 1, 2022. The appeal of the underlying 18 action remains pending, however, defendant’s disclosure obligations are considerably narrower 19 in that context. Nevertheless, defendant chose to initiate a declaratory judgment action in 2020 20 21 regarding its coverage obligations. Any claim of privilege that might otherwise have attached to 22 its underwriting file was presumptively waived at that time, see Cedell v. Farmers Ins. Co. of 23 Wash., 176 Wn.2d 686, 698–99 (2013), and defendant has failed to identify any other prejudice 23 25 that might arise if this case proceeds. 26

27 28 ORDER DENYING MOTION TO 1 For all of the foregoing reasons, defendant’s motion to stay is DENIED. An amended 2 case management schedule based on a November 6, 2023, trial date will be issued. 3

4 5 Dated this 14th day of August, 2022.

7 Robert S. Lasnik 8 United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 23 25 26 27 28 ORDER DENYING MOTION TO

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4 UNITED STATES DISTRICT COURT 5 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 PC COLLECTIONS, LLC, Cause No. C21-5754RSL 8 Plaintiff, ORDER DENYING MOTION 9 v. TO STAY AND EXTENDING 10 CASE MANAGEMENT STARR INDEMNITY & LIABILITY DEADLINES 11 COMPANY, 12 Defendants. 13

14 This matter comes before the Court on “Defendant’s Motion to Stay Proceeding.” (Dkt. 15 # 16) and the parties’ “Stipulated Motion to Amend Case Schedule” (Dkt. # 27). The Ninth 16 17 Circuit issued its decision in the coverage action on June 1, 2022. The appeal of the underlying 18 action remains pending, however, defendant’s disclosure obligations are considerably narrower 19 in that context. Nevertheless, defendant chose to initiate a declaratory judgment action in 2020 20 21 regarding its coverage obligations. Any claim of privilege that might otherwise have attached to 22 its underwriting file was presumptively waived at that time, see Cedell v. Farmers Ins. Co. of 23 Wash., 176 Wn.2d 686, 698–99 (2013), and defendant has failed to identify any other prejudice 23 25 that might arise if this case proceeds. 26

27 28 ORDER DENYING MOTION TO 1 For all of the foregoing reasons, defendant’s motion to stay is DENIED. An amended 2 case management schedule based on a November 6, 2023, trial date will be issued. 3

4 5 Dated this 14th day of August, 2022.

7 Robert S. Lasnik 8 United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 23 25 26 27 28 ORDER DENYING MOTION TO

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PC Collections LLC v. Starr Indemnity & Liability Company, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pc-collections-llc-v-starr-indemnity-liability-company-wawd-2022.

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