Rush Residential Inc v. Philadelphia Insurance Companies

Opinion

WESTERN DISTRICT OF WASHINGTON RUSH RESIDENTIAL, INC., a Washington state corporation, CASE NO. 21-CV-05350-JLR-DWC Plaintiff, STIPULATION AND ORDER RE: 42 PLAINTIFF’S LEAVE TO Vv. AMEND FIRST AMENDED COMPLAINT PHILADELPHIA INDEMNITY INSURANCE COMPANY dba PHILADELPHIA INSURANCE COMPANIES, Defendant. Pursuant to Federal Rule of Civil Procedure 15(a) and (d). Rush Residential, Inc. (“Plaintiff”) and Philadelphia Indemnity Insurance Company (“Defendant”), hereby stipulate to Plaintiff's leave to file its Second Amended Complaint for Damages & Declaratory Relief attached hereto as Exhibit A. J | ~ STIPULATION AND ORDER RE: PLAINTIFF’S LEAE TO S M | T H A L L | N G PS AMEND FIRST AMENDED COMPLAINT- Page | AnTORNEYS ATTA 41501 Dock Street 3:21-CV-05350-DWC Tacoma, Washington 98402

{ Il. AUTHORITY FOR STIPULATION Federal Rule of Civil Procedure 15(a) provides that, after an initial period for amendments as a matter of right, pleadings may be amended only with the opposing party’s written consent or by leave of the court. Fed. R. Civ. P. 15(a). Further, “the court should freely give leave [to amend pleadings] when justice so requires.” Fed. R. Civ. P. 15(a)(2). Federal policy favors freely allowing amendment so that cases may be decided on their merits, and in the Ninth Circuit, Rule 15(a)(2) is interpreted and applied with “extreme liberality.” Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1051 (9th Cir. 2003). Plaintiff and Defendant further stipulation that the Defendant’s Answer to Plaintiff's Second Amended Complaint shall be due 14 days from the date this stipulation is filed with the Court. RESPECTFULLY SUBMITTED this 20" day of April, 2022. By /s/Chad E. Ahrens Chad E. Ahrens, WSBA #36149 1501 Dock St Tacoma, WA 98402 (253) 627-1091 chad@smithalling.com Attorneys for Plaintiff, Rush Residential, Inc. GORDON & POLSCER, L.L.C. By /s/Brian C. Hickman Brian C. Hickman, WSBA #50089 9020 SW Washington Square Rd., Suite 560 Tigard, OR 97223 (503) 242-2922 bhickman@gordon-polscer.com Attorneys for Defendant, Philadelphia Indemnity Insurance Company

STIPULATION AND ORDER RE: PLAINTIFF’S LEAE TO S M | T H A L L | N G AMEND FIRST AMENDED COMPLAINT- Page 2 ATTORNEYS 41501 Dock Street 3:21-CV-05350-DWC Tacoma, Washington 98402

{ It is so ORDERED. Plaintiff is directed to file the Second Amended Complaint on or before April 26, 2022. Defendant’s Answer to Plaintiff's Second Amended Complaint shall be filed fourteen (14) days from the date the Second Amended Complaint ts filed. DATED this 22nd day of April, 2022.

David W. Christel United States Magistrate Judge

STIPULATION AND ORDER RE: PLAINTIFF’S LEAE TO S M | T H A L L | N G AMEND FIRST AMENDED COMPLAINT- Page 3 ATTORNEYS AT EAN 41501 Dock Street 3:21-CV-05350-DWC Tacoma, Washington 98402