Rush Residential Inc v. Philadelphia Insurance Companies

8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 AT TACOMA 10 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 13 COMPLAINT PHILADELPHIA INDEMNITY INSURANCE 14 COMPANY dba PHILADELPHIA INSURANCE COMPANIES, Defendant.

17 I. STIPULATION 18 Pursuant to Federal Rule of Civil Procedure 15(a) and (d). Rush Residential, Inc. 19 (“Plaintiff”) and Philadelphia Indemnity Insurance Company (“Defendant”), hereby stipulate 20 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 2 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).

6 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).

9 Plaintiff and Defendant further stipulation that the Defendant’s Answer to Plaintiff's Second 10 Amended Complaint shall be due 14 days from the date this stipulation is filed with the Court.

11 RESPECTFULLY SUBMITTED this 20" day of April, 2022.

12 SMITH ALLING, P.S.

By /s/Chad E. Ahrens 14 Chad E. Ahrens, WSBA #36149 1501 Dock St 15 Tacoma, WA 98402 (253) 627-1091 16 [email protected] Attorneys for Plaintiff, Rush Residential, Inc. GORDON & POLSCER, L.L.C. | By /s/Brian C. Hickman Brian C. Hickman, WSBA #50089 20 9020 SW Washington Square Rd., Suite 560 Tigard, OR 97223 21 (503) 242-2922 [email protected] 22 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.

4 DATED this 22nd day of April, 2022.

8 David W. Christel 7 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