In Matter of Hyatt Corporation, et al

Filing 39

STIPULATION and ORDER signed by Judge John A. Mendez on 1/26/2010 38 ORDERING that the 31 Status (Pre-Trial Scheduling) Order dated August 24, 2009 is AMENDED as follows: Designation of Expert Witnesses ddl 6/4/2010; Supplemental ExpertDisclosure ddl 6/11/2010; Discovery ddl 8/27/2010; Dispositive Motion Filing ddl 10/6/2010; Dispositive Motions Hearing ddl 11/3/2010. Pretrial Conference set for 12/17/2010 at 02:00 PM in Courtroom 6 (JAM) before Judge John A. Mendez. Court Trial set for 1/31/2011 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Duong, D) Modified on 1/27/2010 (Vine, H).

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PETER A. LINDH (061907) [e-mail] MARKER E. LOVELL, JR. (208659) [e-mail] GIBSON ROBB & LINDH LLP 100 First Street, 27th Floor San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Petitioners HYATT CORPORATION dba HYATT REGENCY MAUI RESORT & SPA, and MAUI BOAT CO. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

In the matter of HYATT CORPORATION dba HYATT REGENCY MAUI RESORT & SPA, a Delaware corporation, as pro hac vice owner, and MAUI BOAT CO., a Delaware corporation, as owner of M/S KIELE V, O.N. 628114, for exoneration from or limitation of liability

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Case No. 2:09-cv-1220 JAM DAD STIPULATION AND ORDER CONTINUING EXPERT DISCLOSURE AND RELATED DISCOVERY DATES

It is hereby stipulated by and among Claimants ROSE BALDWIN, MICHAEL BALDWIN, SHANDLE T.B. HANKINS, and AARON HANKINS, and Petitioners HYATT CORPORATION dba HYATT REGENCY MAUI RESORT & SPA and MAUI BOAT CO., that the expert disclosure and related discovery dates be continued by three months. The parties have diligently engaged in discovery to date, but require additional time given the nature of the case. The parties have served and responded to written discovery. The parties are in the process of drafting a protective order to be filed with the Court regarding production of confidential documents which are relevant to the claims alleged. Claimant ROSE BALDWIN allegedly has over $500,000 in medical expenses, likely requiring at least three medical expert examinations, including examinations by an orthopedist and a neurologist. Due to Claimant ROSE BALDWIN's physical condition, her deposition alone
STIPULATION AND [PROPOSED] ORDER CONTINUING EXPERT DISCLOSURE AND RELATED DISCOVERY DATES Case No. 2:09-cv-1220 JAM DAD; Our File No. 8002.47

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will require several days as her counsel indicates that she that given her alleged injuries she will be unable sit for deposition for more than a couple of hours at a time. In addition, the case requires numerous out-of-state depositions, as the alleged incident occurred in Hawaii. Based on the foregoing reasons, the parties stipulate to amend the deadlines listed in the Status (Pre-Trial Scheduling) Order dated August 24, 2009, as follows: Discovery Event Expert Disclosure Supplemental Expert Disclosure Discovery Cutoff Dispositive Motion Filing Dispositive Motion Hearing Joint Pretrial Statement Due Pretrial Conference Jury Trial IT IS SO STIPULATED. Dated: January 26, 2010 ANDREW E. BAKOS & ASSOCIATES, P.C. By: S/ ANDREW E. BAKOS, ESQ. Andrew E. Bakos, Esq. Dennis B. Hill, Esq. Attorneys for Claimants ROSE BALDWIN, MICHAEL BALDWIN, SHANDLE T.B. HANKINS and AARON HANKINS Dated: January 26, 2010 GIBSON ROBB & LINDH LLP By: S/ MARKER E. LOVELL, JR. Marker E. Lovell, Jr. [e-mail] Attorneys for Petitioners HYATT CORPORATION dba HYATT REGENCY MAUI RESORT & SPA and MAUI BOAT CO. Marker E. Lovell, Jr., attests that concurrence in the filing of this document has been obtained from each of the other signatories identified herein.
STIPULATION AND [PROPOSED] ORDER CONTINUING EXPERT DISCLOSURE AND RELATED DISCOVERY DATES Case No. 2:09-cv-1220 JAM DAD; Our File No. 8002.47

Original Deadline March 5, 2010 March 12, 2010

Stipulated Amended Deadline June 4, 2010 June 11, 2010

May 28, 2010 July 21, 2010 August 18, 2010 September 29, 2010 October 6, 2010 December 6, 2010

August 27, 2010 October 6, 2010 November 3, 2010 at 9:30 a.m. December 10, 2010 December 17, 2010 at 2:00 p.m. January 31, 2011 at 9:00 a.m.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: January 26, 2010

ORDER Having reviewed the stipulation above of Claimants ROSE BALDWIN, MICHAEL BALDWIN, SHANDLE T.B. HANKINS, and AARON HANKINS, and Petitioners HYATT CORPORATION dba HYATT REGENCY MAUI RESORT & SPA and MAUI BOAT CO., IT IS HEREBY ORDERED: The discovery deadlines listed in the Status (Pre-Trial Scheduling) Order dated August 24, 2009, shall be amended as follows: Discovery Event Expert Disclosure Supplemental Expert Disclosure Discovery Cutoff Dispositive Motion Filing Dispositive Motion Hearing Joint Pretrial Statement Due Pretrial Conference Jury Trial Original Deadline March 5, 2010 March 12, 2010 May 28, 2010 July 21, 2010 August 18, 2010 September 29, 2010 October 6, 2010 December 6, 2010 Stipulated Amended Deadline June 4, 2010 June 11, 2010 August 27, 2010 October 6, 2010 November 3, 2010 at 9:30 a.m. December 10, 2010 December 17, 2010 at 2:00 p.m. January 31, 2011 at 9:00 a.m.

/s/ John A. Mendez Hon. John A. Mendez United States District Judge

STIPULATION AND [PROPOSED] ORDER CONTINUING EXPERT DISCLOSURE AND RELATED DISCOVERY DATES Case No. 2:09-cv-1220 JAM DAD; Our File No. 8002.47

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