Barcelo Homes Inc et al v. Kinsale Insurance Company, No. 2:2020cv01719 - Document 45 (W.D. Wash. 2021)

Court Description: ORDER re Parties' 44 Stipulated MOTION to Dismiss Certain Parties, Realign Remaining Parties, Substitute Counsel, and Stay Litigation. Odessa Condominium Owners Association, Henry David Kenyon, Meredith Wilke Kenyon, Daniel Levine, and Barcelo Madison Park, LLC are hereby DISMISSED from this matter with prejudice and without recovery by or against them. Within 30 days after entry of the Court's Order, the remaining parties shall present a stipulated motion and proposed order granting Tribrach leave to file an Amended Complaint no later than thirty (30) days after entry of this Order. Tristan Swanson of Miller Nash LLP is substituted as counsel for Barcelo Homes, Inc., and Todd C. Hayes and Harper Hayes PLLC are hereby granted leave to withdraw as counsel for Barcelo Homes, Inc. This matter is hereby STAYED pending resolution of the Reasonableness Hearing in the Tribrach matter. Signed by Judge Robert S. Lasnik. (LH)

Download PDF

Barcelo Homes Inc et al v. Kinsale Insurance Company Doc. 45 Case 2:20-cv-01719-RSL Document 45 Filed 12/27/21 Page 1 of 7 1 THE HONORABLE ROBERT S. LASNIK 2 3 4 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON IN SEATTLE 6 7 8 9 BARCELO HOMES, INC., a Washington corporation; BARCELO MADISON PARK, LLC, a Washington limited liability company, 10 11 12 13 Plaintiffs, v. KINSALE INSURANCE COMPANY, a foreign insurance company, Defendant. 14 No. 2:20-cv-01719-RSL STIPULATED MOTION: (1) TO DISMISS CERTAIN PARTIES; (2) TO REALIGN REMAINING PARTIES; (3) TO SUBSTITUTE COUNSEL; AND (4) TO STAY LITIGATION 15 NOTE ON MOTION CALENDAR: 12/23/2021 16 17 KINSALE INSURANCE COMPANY, a foreign insurance company, 18 Counterclaim and ThirdParty Plaintiff, 19 20 21 22 23 v. BARCELO HOMES, INC., a Washington corporation; BARCELO MADISON PARK, LLC, a Washington limited liability company, Counterclaim Defendant, STIPULATED MOTION - 1 CASE NO. 2:20-cv-01719-RSL LETHER LAW GROUP 1848 WESTLAKE AVENUE N, SUITE 100 SEATTLE, WA 98109 P: (206) 467-5444 F: (206) 467-5544 Dockets.Justia.com Case 2:20-cv-01719-RSL Document 45 Filed 12/27/21 Page 2 of 7 1 and 2 3 4 5 6 TRIBRACH CAPITAL, LLC, a Washington limited liability company; ODESSA CONDOMINIUM OWNERS ASSOCIATION, a Washington corporation; HENRY DAVID KENYON and MEREDITH WILKE KENYON, individuals and marital community; DANIEL LEVINE, an individual. 7 Third-Party Defendants. 8 9 I. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 INTRODUCTION This insurance coverage dispute arose out of two underlying lawsuits: Odessa Condominium Owners Association, et al. v. Barcelo Madison Park, LLC, et al., King County Superior Court Case Number 19-2-14747-4; and Tribrach Capital v. Barcelo Homes, Inc. et al., King County Superior Court Case Number 19-2-19843-5. The underlying Odessa matter has fully settled and there no longer remains any actual and justiciable controversy in this matter regarding the Odessa parties. As such, Odessa Condominium Owners Association, Henry David Kenyon, Meredith Wilke Kenyon, Daniel Levine, and Barcelo Madison Park, LLC may be dismissed from this matter. The underlying Tribrach case was resolved by (among other things) Barcelo Homes, Inc. (BHI) assigning its rights against Kinsale to the claimant in that case, Tribrach Capital, LLC, who is represented by Tristan Swanson. Because Mr. Swanson’s client now possesses the remaining BHI claims asserted in this lawsuit, the parties seek to have Mr. Swanson substituted in as counsel for BHI. The remaining parties agree that within 30 days after entry of the Court’s Order, they will present a stipulated motion and proposed order granting STIPULATED MOTION - 2 CASE NO. 2:20-cv-01719-RSL LETHER LAW GROUP 1848 WESTLAKE AVENUE N, SUITE 100 SEATTLE, WA 98109 P: (206) 467-5444 F: (206) 467-5544 Case 2:20-cv-01719-RSL Document 45 Filed 12/27/21 Page 3 of 7 1 Tribrach leave to file an Amended Complaint pursuant to LCR 15, and providing Kinsale 2 with 30 days to file an Answer thereto. 3 In addition, because the Tribrach case was resolved through a consent judgment 4 settlement, the amount of that settlement will be subject to a RCW 4.22.060 Reasonableness 5 Hearing before the King County Superior Court. The remaining parties to this action hereby 6 jointly move for an Order Staying this case so that the parties may direct their efforts to the 7 Reasonableness Hearing, with the exception of the stipulation and proposed order regarding 8 amended pleadings, which the remaining parties will present within 30 days after entry of 9 the Court’s Order. 10 11 12 13 II. STIPULATION Based on the foregoing, and in accordance with LCR 15 and LCR 83.2(b)(1), the parties hereby Stipulate and Agree to the following: 1. That Odessa Condominium Owners Association, Henry David Kenyon, 14 Meredith Wilke Kenyon, Daniel Levine, and Barcelo Madison Park, LLC should be 15 dismissed from this matter with prejudice and without recovery by or against them. 16 2. That the parties should be realigned to reflect the current matters remaining in 17 dispute. Specifically, Tribrach Capital, LLC should be realigned as the Plaintiff in this 18 matter as the assignee of Barcelo Homes, Inc. 19 3. That Tristan Swanson of Miller Nash LLP should be substituted as counsel 20 for Barcelo Homes, Inc. and that Todd C. Hayes and Harper Hayes PLLC shall be granted 21 leave to withdraw as counsel for Barcelo Homes, Inc. 22 23 4. That within 30 days after entry of the Court’s Order, the remaining parties shall present a stipulated motion and proposed order granting Tribrach leave to file an STIPULATED MOTION - 3 CASE NO. 2:20-cv-01719-RSL LETHER LAW GROUP 1848 WESTLAKE AVENUE N, SUITE 100 SEATTLE, WA 98109 P: (206) 467-5444 F: (206) 467-5544 Case 2:20-cv-01719-RSL Document 45 Filed 12/27/21 Page 4 of 7 1 Amended Complaint pursuant to LCR 15, and providing Kinsale with 30 days to file an 2 Answer thereto. 3 5. That this matter should be otherwise stayed pending resolution of the 4 Reasonableness Hearing in the Tribrach matter. The remaining parties propose that the 5 Court order them to present a joint status report within twenty (20) days of completion of the 6 Reasonableness Hearing. 7 It is so stipulated. 8 DATED this 23rd day of December 2021. 9 10 11 12 13 14 HARPER | HAYES PLLC MILLER NASH LLP By: s/ Todd C. Hayes Todd C. Hayes, WSBA No. 26361 600 University Street, Suite 2420 Seattle, WA 98101 206.340.8010 todd@harperhayes.com Withdrawing Attorneys for Plaintiffs Barcelo Homes, Inc. and Barcelo Madison Park, LLC By: s/ Tristan Swanson Tristan Swanson, WSBA No. 41934 Carolyn Mount, WSBA No. 55527 Pier 70 2801 Alaskan Way, Suite 300 Seattle, WA 98121 206.624.8300 tristan.swanson@millernash.com carolyn.mount@millernash.com Substituting Attorneys for Plaintiff Barcelo Homes, Inc. and attorneys for Third-party Defendant Tribrach Capital, LLC LETHER LAW GROUP RAFEL LAW GROUP PLLC By: s/ Eric J. Neal Thomas Lether, WSBA No. 18089 Eric Neal, WSBA No. 31863 1848 Westlake Avenue N. Ste. 100 Seattle, WA 98109 206.467-5444 tlether@letherlaw.com eneal@letherlaw.com Attorneys for Defendant and ThirdParty Plaintiff Kinsale Insurance Company By: s/ Anthony L. Rafel Anthony L. Rafel, WSBA No. 13194 4126 E. Madison St. Ste. 202 Seattle, WA 98112 206.838.2660 arafel@rafellawgroup.com Attorneys for Third-Party Defendants Odessa Condominium Owners Association, Henry David and Meredith Wilke Kenyon, and Daniel Levine 15 16 17 18 19 20 21 22 23 STIPULATED MOTION - 4 CASE NO. 2:20-cv-01719-RSL LETHER LAW GROUP 1848 WESTLAKE AVENUE N, SUITE 100 SEATTLE, WA 98109 P: (206) 467-5444 F: (206) 467-5544 Case 2:20-cv-01719-RSL Document 45 Filed 12/27/21 Page 5 of 7 1 III. ORDER 2 The Court has reviewed the above stipulation AND HEREBY ORDERS: 3 1. That Odessa Condominium Owners Association, Henry David Kenyon, 4 Meredith Wilke Kenyon, Daniel Levine, and Barcelo Madison Park, LLC are hereby 5 DISMISSED from this matter with prejudice and without recovery by or against them. 2. 6 That the parties are hereby realigned to reflect the current matters remaining 7 in dispute. The Plaintiff in this matter shall be Tribrach Capital, LLC, as the assignee of 8 Barcelo Homes, Inc., and the Defendant/Counterclaimant shall be Kinsale Insurance 9 Company. 3. 10 That within 30 days after entry of the Court’s Order, the remaining parties 11 shall present a stipulated motion and proposed order granting Tribrach leave to file an 12 Amended Complaint no later than thirty (30) days after entry of this Order. 13 Insurance Company shall file an Answer to Tribrach’s Amended Complaint within thirty 14 (30) days of Tribrach’s filing. 4. 15 Kinsale That Tristan Swanson of Miller Nash LLP is substituted as counsel for 16 Barcelo Homes, Inc., and that Todd C. Hayes and Harper Hayes PLLC are hereby granted 17 leave to withdraw as counsel for Barcelo Homes, Inc. 5. 18 That this matter is hereby STAYED pending resolution of the Reasonableness 19 Hearing in the Tribrach matter, except as provided in Paragraph 3 of this Order. The 20 remaining parties shall file a joint status report within twenty (20) days of completion of the 21 Reasonableness Hearing. 22 // 23 // STIPULATED MOTION - 5 CASE NO. 2:20-cv-01719-RSL LETHER LAW GROUP 1848 WESTLAKE AVENUE N, SUITE 100 SEATTLE, WA 98109 P: (206) 467-5444 F: (206) 467-5544 Case 2:20-cv-01719-RSL Document 45 Filed 12/27/21 Page 6 of 7 1 DATED this 27th day of December, 2021. 2 3 4 ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 Presented by: HARPER | HAYES PLLC MILLER NASH LLP By: s/ Todd C. Hayes Todd C. Hayes, WSBA No. 26361 Withdrawing attorneys for Barcelo Homes, Inc. and Barcelo Madison Park, LLC By: s/ Tristan Swanson Tristan Swanson, WSBA No. 41934 Substituting Attorneys for Plaintiff Barcelo Homes, Inc. and attorneys for Third-party Defendant Tribrach Capital, LLC 11 12 13 14 15 LETHER LAW GROUP RAFEL LAW GROUP PLLC By: s/ Eric J. Neal Thomas Lether, WSBA No. 18089 Eric Neal, WSBA No. 31863 Attorneys for Defendant and ThirdParty Plaintiff Kinsale Insurance Company By: s/ Anthony L. Rafel Anthony L. Rafel, WSBA No. 13194 Attorneys for Third-Party Defendants Odessa Condominium Owners Association, Henry David and Meredith Wilke Kenyon, and Daniel Levine 16 17 18 19 20 21 22 23 STIPULATED MOTION - 6 CASE NO. 2:20-cv-01719-RSL LETHER LAW GROUP 1848 WESTLAKE AVENUE N, SUITE 100 SEATTLE, WA 98109 P: (206) 467-5444 F: (206) 467-5544 Case 2:20-cv-01719-RSL Document 45 Filed 12/27/21 Page 7 of 7 1 CERTIFICATE OF SERVICE 2 The undersigned hereby certifies under the penalty of perjury under the laws of the 3 United States of America that on this date I caused to be served in the manner noted below a 4 true and correct copy of the foregoing on the following party(ies): 5 Todd C. Hayes Harper | Hayes LLC One Union Square 600 University Street, Suite 2420 Seattle, WA 98101 todd@harperhayes.com 6 7 8 9 10 11 12 Tristan N. Swanson Carolyn A. Mount Miller Nash LLP Pier 70 2801 Alaskan Way, Suite 300 Seattle, WA 98121 tristan.swanson@millernash.com carolyn.mount@millernash.com 15 Anthony Rafel Rafel Law Group PLLC 4126 E. Madison St., Ste. 202 Seattle, Washington 98112 arafel@rafellawgroup.com 16 By: 13 14 17 [X] ECF [ ] First Class Mail Dated this 23rd day of December, 2021 at Seattle, Washington. 18 s/ Judy Tustison______ Judy Tustison, Paralegal 19 20 21 22 23 STIPULATED MOTION - 7 CASE NO. 2:20-cv-01719-RSL LETHER LAW GROUP 1848 WESTLAKE AVENUE N, SUITE 100 SEATTLE, WA 98109 P: (206) 467-5444 F: (206) 467-5544

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.