STIPULATED MOTION FOR STAY AND [PROPOSED] ORDER - 1

S:\FILES\Vitek Construction 14052\Motions\150722 Proposed Stipulated Motion for StayFinal.docx

LETHER & ASSOCIATES PLLC.

1848 WESTLAKE AVE N., SUITE 100

SEATTLE, WASHINGTON 98109

P: (206) 467-5444 F: (206) 467-5544

Thomas Lether, OSB #101708

Eric J. Neal, OSB #110268

LETHER & ASSOCIATES, PLLC

1848 Westlake Ave N., Suite 100

Seattle, WA 98109

P: 206-467-5444

F: 206-467-5544

tlether@letherlaw.com

eneal@letherlaw.com

Attorneys for Navigators Insurance Company

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON – EUGENE DIVISION

VITEK CONSTRUCTION, LLC, an Oregon 

Limited Liability Company;

Plaintiff,

v. 

NAVIGATORS INSURANCE COMPANY,

a foreign insurer; 

Defendant,

No. 6:14-cv-01073-MC

STIPULATED MOTION FOR STAY

AND [PROPOSED] ORDER

NAVIGATORS INSURANCE COMPANY, a 

foreign insurer;

Counterclaimant

v. 

VITEK CONSTRUCTION, LLC, an Oregon 

Limited Liability Company; 

Counterclaim Defendant.

Case 6:14-cv-01073-MC Document 53 Filed 07/22/15 Page 1 of 6
STIPULATED MOTION FOR STAY AND [PROPOSED] ORDER - 2

S:\FILES\Vitek Construction 14052\Motions\150722 Proposed Stipulated Motion for StayFinal.docx

LETHER & ASSOCIATES PLLC.

1848 WESTLAKE AVE N., SUITE 100

SEATTLE, WASHINGTON 98109

P: (206) 467-5444 F: (206) 467-5544

NAVIGATORS INSURANCE COMPANY, a 

foreign insurer;

Third Party Plaintiff

v.

ALPHA-C, INC. a/k/a ISE PROPERTIES, 

INC. d/b/a WEST COAST INN, an Oregon 

Corporation; XL SPECIALTY INSURANCE 

COMPANY, a Delaware Corporation. 

Third Party Defendants

I. STIPULATED MOTION

The parties to this action, Vitek Construction, LLC (“Vitek”), Navigators Insurance 

Company (“Navigators”), Alpha-C, Inc., a/k/a ISE Properties, Inc. d/b/a West Coast Inn 

(“Alpha-C”), and XL Specialty Insurance Company (“XL Specialty”) (collectively, the 

“Parties”), through their respective counsel, hereby submit the following Stipulated Motion for 

Stay. The Parties stipulate and jointly move the Court for an Order to stay the instant matter 

until August 18, 2015.

A. Current Status

In the instant matter, the Parties are engaged in substantial efforts to settle all claims in 

this matter and in the underlying matter. A mediation occurred on July 8, 2015. During that 

mediation, all claims in the underlying lawsuit and the coverage action involving Alpha-C were 

resolved. The Parties anticipate finalizing the Alpha-C settlement shortly. With regard to all 

claims involving Vitek and XL Specialty, the Parties believe that final resolution of all claims, 

including the XL Specialty claims, may be achieved shortly. Some of the Parties are requesting

this stay in order to avoid incurring costs that could impede settlement efforts.

Case 6:14-cv-01073-MC Document 53 Filed 07/22/15 Page 2 of 6
STIPULATED MOTION FOR STAY AND [PROPOSED] ORDER - 3

S:\FILES\Vitek Construction 14052\Motions\150722 Proposed Stipulated Motion for StayFinal.docx

LETHER & ASSOCIATES PLLC.

1848 WESTLAKE AVE N., SUITE 100

SEATTLE, WASHINGTON 98109

P: (206) 467-5444 F: (206) 467-5544

Navigators has recently filed a Motion for Leave to Amend [Dkt. 50] and a Motion for 

Summary Judgment [Dkt. 47]. Any response to Navigators’ Motion for Leave to Amend is 

currently due on July 24, 2015 and any response to Navigators’ Motion for Summary Judgment 

is currently due on July 31, 2015. Additionally, the Parties are currently required to finish 

discovery by August 15, 2015, submit their expert disclosures by August 31, 2015, and file any 

dispositive motions by September 8, 2015. [Dkt. 45]. 

A stay in this matter will allow the Parties to attempt to continue negotiations while 

avoiding potentially unnecessary expenses and judicial resources. If this matter does not resolve 

by August 18, 2015, the Parties have further agreed to submit an updated joint status report to 

the Court, proposing new deadlines for the case. 

B. Legal Standard

Regarding a motion to stay, a district court has the inherent power to control its own 

docket and calendar. Cedano v. Thrifty Payless, Inc., 2011 U.S. Dist. LEXIS 155956, 13, 2011 

WL 8609402 (D. Or. May 9, 2011) (citing Mediterranean Enters., Inc. v. Ssangyong Corp., 708 

F.2d 1458, 1465 (9th Cir. 1983)); see also Fed. R. Civ. P. 16. The interests the district court 

should weigh in determining whether to exercise its discretion to stay the proceedings include:

[T]he possible damage which may result from the granting of a 

stay, the hardship or inequity which a party may suffer in being 

required to go forward, and the orderly course of justice measured 

in terms of simplifying or complicating issues, proof, and 

questions of law which could be expected from a stay.

CMAX, Inc. v. Hall, 300 F.2d 265, 268 (9th Cir. 1962). “Courts have interpreted the third factor 

as a question of judicial economy.” Cedano, 2011 U.S. Dist. LEXIS 155956, 14, 2011 WL 

8609402 (citations omitted).

//

//

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STIPULATED MOTION FOR STAY AND [PROPOSED] ORDER - 4

S:\FILES\Vitek Construction 14052\Motions\150722 Proposed Stipulated Motion for StayFinal.docx

LETHER & ASSOCIATES PLLC.

1848 WESTLAKE AVE N., SUITE 100

SEATTLE, WASHINGTON 98109

P: (206) 467-5444 F: (206) 467-5544

C. Analysis

In weighing the first two factors to determine whether the Court should stay the present 

matter, the Parties agree that there is no damage, hardship, or inequity that any of the Parties 

will suffer if the Court grants this short stay. The third factor, a question of judicial economy, 

also weighs in favor of the Court granting the stay since it will give the Parties an opportunity to

resolve this matter without expending any further judicial resources. The factors all weigh in 

favor of the Court exercising its discretion to stay this matter until August 18, 2015.

D. Conclusion

Based on the foregoing, the Parties respectfully request that the Court grant the Parties’ 

Stipulated Motion to Stay and enter an order staying the matter until August 18, 2015. A 

proposed order granting the Parties’ stipulated motion is submitted herewith for the Court’s 

consideration.

DATED: July 22, 2015

LETHER & ASSOCIATES, PLLC

/s/ Thomas Lether 

/s/ Eric J. Neal

Thomas Lether, OSB #101708

Eric J. Neal, OSB #110268

Lether & Associates, PLLC

1848 Westlake Ave N. Suite 100

Seattle, WA 98109

T: 206.467.5444; F: 206.467.5544

tlether@letherlaw.com

eneal@letherlaw.com

Attorneys for Navigators Insurance Co.

Case 6:14-cv-01073-MC Document 53 Filed 07/22/15 Page 4 of 6
STIPULATED MOTION FOR STAY AND [PROPOSED] ORDER - 5

S:\FILES\Vitek Construction 14052\Motions\150722 Proposed Stipulated Motion for StayFinal.docx

LETHER & ASSOCIATES PLLC.

1848 WESTLAKE AVE N., SUITE 100

SEATTLE, WASHINGTON 98109

P: (206) 467-5444 F: (206) 467-5544

DATED: July 22, 2015

LAW OFFICE OF GARY G. NORRIS

/s/ Gary G. Norris

Gary G. Norris, OSB #823552

1006 NE 3rd Street, Suite A

McMinnville, OR 97128

Phone: 503-472-3770; Fax: 503-472-2349

gary@ggnlaw.com

Attorney for Vitek Construction, LLC

DATED: July 22, 2015

WHIPPLE & DUYCK, P.C.

/s/ Daniel L. Duyck

Daniel L. Duyck, OSB #972529

1500 SW First Ave, Suite 1170

Portland, OR 97201

Phone: 503-222-6191; Fax: 503-222-6029

dduyck@whippleduyck.com

Attorney for Alpha-C, Inc.

DATED: July 22, 2015

THENELL LAW GROUP, P.C.

/s/ Daniel E. Thenell

Daniel E. Thenell, OSB #971655

12909 SW 68th Pkwy, Suite 320

Portland, OR 97223

Phone: 503-372-6450; Fax: 503-372-6496

dan@thenelllawgroup.com

Attorney for XL Specialty Insurance Co.

Case 6:14-cv-01073-MC Document 53 Filed 07/22/15 Page 5 of 6
STIPULATED MOTION FOR STAY AND [PROPOSED] ORDER - 6

S:\FILES\Vitek Construction 14052\Motions\150722 Proposed Stipulated Motion for StayFinal.docx

LETHER & ASSOCIATES PLLC.

1848 WESTLAKE AVE N., SUITE 100

SEATTLE, WASHINGTON 98109

P: (206) 467-5444 F: (206) 467-5544

II. PROPOSED ORDER

THE COURT, having reviewed and considered the Parties’ Stipulated Motion to Stay, 

hereby orders that this matter is hereby STAYED. The clerk is directed to remove all pleading 

deadlines and actions from the calendar until August 18, 2015. Should this matter not resolve by 

August 18, 2015, the Parties shall submit an updated joint status report to the Court for 

consideration.

SIGNED this _____ day of July, 2015.

JUDGE MICHAEL J. MCSHANE 

Case 6:14-cv-01073-MC Document 53 Filed 07/22/15 Page 6 of 6