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10-36133 Docket

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General Docket United States Court of Appeals for the Ninth Circuit Court of Appeals Docket #: 10-36133 Nature of Suit: 4110 Insurance Evanston Insurance Company, et al v. Westchester Surplus Lines Insu, et al Appeal From: U.S. District Court for Western Washington, Seattle Fee Status: Paid Case Type Information: 1) civil 2) private 3) null Originating Court Information: District: 0981-2 : 2:07-cv-00923-MJP Court Reporter: Debbie Kay Zurn Trial Judge: Marsha J. Pechman, Chief District Judge Date Filed: 06/14/2007 Date Order/Judgment: Date Order/Judgment EOD: 11/16/2010 11/16/2010 Prior Cases: 08-35264 Date Filed: 04/07/2008 Current Cases: None Docketed: 12/15/2010 Termed: 10/03/2011

Date NOA Filed: 12/14/2010

Date Rec'd COA: 12/14/2010

Date Disposed: 06/11/2009

Disposition: Reversed, Remanded - Memorandum

EVANSTON INSURANCE COMPANY, a foreign insurance company Plaintiff, AMERICAN GUARANTEE & LIABILITY INSURANCE CO., a foreign insurance company Plaintiff - Appellant, Jacquelyn A. Beatty, Attorney Direct: 206-224-8090 [COR NTC Retained] KARR TUTTLE CAMPBELL Suite 2900 1201 Third Avenue Seattle, WA 98101-3028 Barbara Brady, Attorney Direct: 206-223-1313 [COR NTC Retained] KARR TUTTLE CAMPBELL Suite 2900 1201 Third Avenue Seattle, WA 98101-3028 v. WESTCHESTER SURPLUS LINES INSURANCE COMPANY, a foreign insurance company Defendant - Appellee, David P. Hansen, Attorney Direct: 206-624-2650 [COR NTC Retained] Aiken, St. Louis & Siljeg, P.S. Norton Building Suite 1200 801 Second Avenue Seattle, WA 98104 William A. Olson, Attorney Direct: 206-624-2650

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[COR NTC Retained] Aiken, St. Louis & Siljeg, P.S. Norton Building Suite 1200 801 Second Avenue Seattle, WA 98104 ROYAL INSURANCE COMPANY OF AMERICA, also known as Royal Insurance Company Defendant - Appellee, Lori Nelson Adams, Attorney Direct: 206-386-7755 [COR NTC Retained] THORSRUD CANE & PAULICH Puget Sound Plaza Suite 1300 1325 Fourth Avenue Seattle, WA 98101 Russell Charles Love, Esquire Direct: 206-386-7755 [COR NTC Retained] THORSRUD CANE & PAULICH Puget Sound Plaza Suite 1300 1325 Fourth Avenue Seattle, WA 98101 ROYAL INDEMNITY COMPANY, a foreign insurance company, individually and as asuccessor to Royal Insurance Company of America aka Royal Insurance Company Defendant - Appellee, Lori Nelson Adams, Attorney Direct: 206-386-7755 [COR NTC Retained] (see above) Russell Charles Love, Esquire Direct: 206-386-7755 [COR NTC Retained] (see above) NORTHWEST TOWER CRANE SERVICE INC Defendant - Appellee, William A. Olson, Attorney Direct: 206-624-2650 [COR NTC Retained] (see above)

JOHN DOES Defendant - Appellee,

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EVANSTON INSURANCE COMPANY, a foreign insurance company, Plaintiff, and AMERICAN GUARANTEE & LIABILITY INSURANCE CO., a foreign insurance company, Plaintiff - Appellant, v. WESTCHESTER SURPLUS LINES INSURANCE COMPANY, a foreign insurance company; ROYAL INSURANCE COMPANY OF AMERICA, also known as Royal Insurance Company; ROYAL INDEMNITY COMPANY, a foreign insurance company, individually and as asuccessor to Royal Insurance Company of America aka Royal Insurance Company; NORTHWEST TOWER CRANE SERVICE INC; JOHN DOES, Defendants - Appellees.

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12/15/2010

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DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 12/22/2010. Transcript ordered by 01/13/2011. Transcript due 02/14/2011. Appellant American Guarantee & Liability Insurance Co. opening brief due 03/24/2011. Appellees answering brief due 04/25/2011. Appellant's optional reply brief is due 14 days after service of the answering brief. [7581574] (KM) Received copy of amended notice of appeal from district court. [7585152] (KM) Filed (ECF) Appellant American Guarantee & Liability Insurance Co. Mediation Questionnaire. Date of service: 12/22/2010. [7590081] (JAB) Filed order MEDIATION (LW): Case referred to Mediation for assessment conference only. Telephone conference to be on 01/20/2011 at 02:30 pm. (Pacific Standard Time) [7593906] (KM) Filed order MEDIATION (CG): This case is not selected for inclusion in the mediation program. Counsel are requested to contact the mediator should circumstances develop that might warrant further settlement discussions. The briefing schedule previously established by the court remains in effect. [7620875] (SB) Submitted (ECF) Opening brief for review. Submitted by Appellant American Guarantee & Liability Insurance Co.. Date of service: 03/24/2010. [7694030]--[COURT UPDATE: Replaced searchable PDF of brief. Resent NDA. 03/28/2011 by TT]--[COURT UPDATE: Replaced pdf of brief with correct version. Resent NDA. 03/30/2011 by TW] (BB) Filed Appellant American Guarantee & Liability Insurance Co. excerpts of record in 8 volumes. [7695536] (FT) Filed clerk order: The opening brief [6] submitted by American Guarantee & Liability Insurance Co. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a blue cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7696506] (FT) Received 7 paper copies of Opening brief [6] filed by American Guarantee & Liability Insurance Co.. [7700794] (SD) 14 day oral extension by phone of time to file Appellees Royal Indemnity Company and Royal Insurance Company of America brief. Appellee Royal Indemnity Company and Appellee Royal Insurance Company of America answering brief due 05/09/2011. The optional reply brief is due 14 days after service of the appellee brief. [7720319] (LW) 14 day oral extension by phone of time to file Appellee Westchester Surplus Lines Insurance Company brief. Appellee Westchester Surplus Lines Insurance Company answering brief due 05/09/2011. The optional reply brief is due 14 days after service of the last filed appellee brief. [7720761] (KM) Filed (ECF) Appellee Westchester Surplus Lines Insurance Company Correspondence: Request for extension of time to file appellee brief. Date of service: 04/19/2011 [7722457] (WAO) Filed (ECF) Appellee Royal Indemnity Company Correspondence: response to plaintiff's counsel re extension of time to file responding brief. Date of service: 04/20/2011 [7724730] (RCL) Submitted (ECF) Answering brief for review. Submitted by Appellee Westchester Surplus Lines Insurance Company. Date of service: 05/09/2011. [7744350]--[COURT UPDATE: Replaced pdf of brief (includes Statement of Related Cases). Resent NDA. 05/10/2011 by TW] --[COURT UPDATE: Updated docket text to reflect the content of the filing. Ressent NDA. 05/11/2011 by DB] (WAO) Submitted (ECF) Answering brief for review. Submitted by Appellee Royal Indemnity Company. Date of service: 05/09/2011. [7745016] (RCL) Oral extension by phone of time to file American Guarantee & Liability Insurance Co. optional reply brief. Appellant American Guarantee & Liability Insurance Co. reply brief due 06/06/2011. [7745664] (KM) Filed clerk order: The answering brief [15] submitted by Royal Indemnity Company is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a red cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7745760] (FT) Filed (ECF) Appellant American Guarantee & Liability Insurance Co. Motion for miscellaneous relief [Request for Oral Argument]. Date of service: 05/09/2011. [7745832] (BB)

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Filed (ECF) Appellant American Guarantee & Liability Insurance Co. Correspondence: Confirmation re agreement to extension of time to file reply brief. Date of service: 05/10/2011 [7746434] (BB) Filed clerk order: The answering brief [14] submitted by Westchester Surplus Lines Insurance Company is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a red cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7749342] (FT) Filed Appellees John Does, Northwest Tower Crane Service Inc, Royal Indemnity Company, Royal Insurance Company of America and Westchester Surplus Lines Insurance Company supplemental excerpts of record on appeal in 1 volumes. [7751673] (FT) Received 7 paper copies of Answering brief [15] filed by Royal Indemnity Company. [7750684] (SD) Received 7 paper copies of Answering brief [14] filed by Westchester Surplus Lines Insurance Company. [7751924] (SD) Submitted (ECF) Reply brief for review. Submitted by Appellant American Guarantee & Liability Insurance Co.. Date of service: 06/06/2011. [7775977]--[COURT UPDATE: Attached Certificate of Service. Resent NDA. 06/08/2011 by TW] (BB) Filed clerk order: The reply brief [24] submitted by American Guarantee & Liability Insurance Co. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a gray cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7780329] (FT) Received 7 paper copies of Reply brief [24] filed by American Guarantee & Liability Insurance Co.. [7784783] (SD) Notice of Oral Argument on SEPTEMBER 1st Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: SEATTLE Office. Attention: The Notice of Docket Activity may not list your case number. Please open attached documents to view details about your case. [7823150] (SB) UPDATED CASE CALENDARED: 08/30/2011 9:00 AM Seattle, WA SE Nakamura Cthse 7th Flr Courtroom. [7833704] (CL) REVISED...Notice of Oral Argument on SEPTEMBER Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: SEATTLE Office. Please open attached documents to view details about your case. [7833798] (CL) Filed (ECF) Appellee Westchester Surplus Lines Insurance Company citation of supplemental authorities. Date of service: 08/19/2011. [7864967] (WAO) Filed (ECF) Appellee Royal Indemnity Company Correspondence: Statement of Supplemental Authority. Date of service: 08/22/2011 [7865378] (RCL) ARGUED AND SUBMITTED TO MICHAEL DALY HAWKINS, M. MARGARET MCKEOWN and CARLOS T. BEA. [7875680] (KM) FILED MEMORANDUM DISPOSITION (MICHAEL DALY HAWKINS, M. MARGARET MCKEOWN and CARLOS T. BEA) REVERSED. Each party shall bear its own costs on appeal. FILED AND ENTERED JUDGMENT. [7913207] (PH)

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