In Matter of Hyatt Corporation, et al

Filing 60

STIPULATION and ORDER signed by Judge John A. Mendez on 4/28/2010 GRANTING 59 Stipulation and Proposed Order; Designation of Expert Witnesses due by 9/3/2010; Supplemental Expert Disclosure due by 9/10/2010; Discovery due by 10/29/2010; Dispositive Motions filed by 1/12/2011; Filing Deadline: 12/8/2010; Pretrial Conference set for 3/4/2011 at 02:00 PM and Bench Trial set for 4/11/2011 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez.(Matson, R)

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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 KJN STIPULATION AND ORDER TO AMEND THE PRE-TRIAL SCHEDULING ORDER OF JANUARY 27, 2010

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 trial date and all related dates listed in the Pre-Trial Scheduling Order of January 27, 2010, be continued by three months. This stipulation is made in consideration of the fact that the parties have been actively participating in discovery, including extensive written discovery, but have been unable to complete the claimants' depositions. Petitioners filed this Limitation Action on January 20, 2009, and Claimants appeared in the case on June 10, 2009. Written discovery was conducted in late 2009 and early 2010. Claimant Rose Baldwin's deposition began on March 29, 2010, but the deposition could not be completed because Ms. Baldwin is unable to sit for a full session. The parties met for a second day of deposition on April 1, 2010, but Ms. Baldwin was
STIPULATION AND ORDER TO AMEND THE PRE-TRIAL SCHEDULING ORDER OF JANUARY 27, 2010 Case No. 2:09-cv-1220 JAM DAD; Our File No. 8002.47

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again unable to participate in a full session. The parties are in the process of scheduling a third day for her deposition. There are three additional claimants who need to be deposed after Ms. Baldwin's deposition is concluded. There are also several out-of-state witnesses in Hawaii, Massachusetts, and Idaho who need to be deposed. Based on the foregoing reasons, the parties stipulate to amend the deadlines listed in the Pre-Trial Scheduling Order dated January 27, 2010, as follows: Event Deadline in Pre-Trial Scheduling Order of January 27, 2010 June 4, 2010 June 11, 2010 August 27, 2010 October 6, 2010 November 3, 2010 December 10, 2010 December 17, 2010 January 31, 2011 Stipulated Amended Deadline

Expert Disclosure Supplemental Expert Disclosure Discovery Cutoff Dispositive Motion Filing Dispositive Motion Hearing Joint Pretrial Statement Due Pretrial Conference Bench Trial IT IS SO STIPULATED. Dated: April 28, 2010

September 3, 2010 September 10, 2010 October 29, 2010 December 8, 2010 January 12, 2011 at 9:30 a.m. February 25, 2011 March 4, 2011 at 2:00 p.m. April 11, 2011 at 9:00 a.m.

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: April 28, 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 ORDER TO AMEND THE PRE-TRIAL SCHEDULING ORDER OF JANUARY 27, 2010 Case No. 2:09-cv-1220 JAM DAD; Our File No. 8002.47

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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: April 28, 2010 Expert Disclosure Supplemental Expert Disclosure Discovery Cutoff Dispositive Motion Filing Dispositive Motion Hearing Joint Pretrial Statement Due Pretrial Conference Bench Trial

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 Pre-Trial Scheduling Order dated January 27, 2010, shall be amended as follows: Event Deadline in Pre-Trial Scheduling Order of January 27, 2010 June 4, 2010 June 11, 2010 August 27, 2010 October 6, 2010 November 3, 2010 December 10, 2010 December 17, 2010 January 31, 2011 Stipulated Amended Deadline

September 3, 2010 September 10, 2010 October 29, 2010 December 8, 2010 January 12, 2011 at 9:30 a.m. February 25, 2011 March 4, 2011 at 2:00 p.m. April 11, 2011 at 9:00 a.m.

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

STIPULATION AND ORDER TO AMEND THE PRE-TRIAL SCHEDULING ORDER OF JANUARY 27, 2010 Case No. 2:09-cv-1220 JAM DAD; Our File No. 8002.47

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