Williams Sports Rentals Inc.

Filing 193

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 12/20/23 EXTENDING the deadline to 01/22/24 for Thomas Smith and Berkeley Executives, Inc. to file their answers to (1) Williams Sports Rentals, Inc.'s 92 third party complaint, (2) Twin City Fire Insurance Company and Sentinel Insurance Company Ltd.'s 162 third party complaint and (3) Kai Petrich's 165 third party complaint. (Licea Chavez, V)

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DIANNA L. ALBINI, SBN 152273
WADE LAW GROUP, A Professional Corporation
262 East Main Street
Los Gatos, CA 95030
P: 408-842-1688
F: 408-549-1612
Email: [e-mail]

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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IN ADMIRALTY

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IN RE: COMPLAINT AND PETITION OF
WILLIAMS SPORTS RENTALS, INC. AS
OWNER OF A CERTAIN 2004 YAMAHA
WAVERUNNER FX 140 FOR
EXONERATION FROM OR LIMITATION
OF LIABILITY

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MARIAN LATASHA WILLIS, on behalf of the )
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Estate of RAESHON WILLIAMS,
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Respondent/Counter Claimant,
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v.
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WILLIAMS SPORTS RENTALS, INC.,
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Petitioner/Counter Defendant.
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WILLIAMS SPORTS RENTALS, INC.,
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Petitioner, Counter Defendant, and
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Third-party Plaintiff,
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v.
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THOMAS SMITH, KAI PETRICH,
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BERKELEY EXECUTIVES, INC.,
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ZIP, INC., and DOES 1-10,
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Third-party Defendants.
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AND RELATED ACTIONS
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Case No. 2:17-cv-00653-KJM-JDP
Hon. Kimberly J. Mueller
Chief United States District Judge
JOINT STIPULATION FOR ORDER
EXTENDING TIME FOR THIRD-PARTY
DEFENDANTS THOMAS SMITH AND
BERKELEY EXECUTIVES, INC., TO FILE
ANSWER TO THE COMPLAINT ON OR
BEFORE JANUARY 22, 2024

JOINT STIPULATION AND ORDER EXTENDING TIME FOR THIRD-PARTY DEFENDANTS THOMAS SMITH AND BERKELEY
EXECUTIVES, INC. TO FILE ANSWER TO THE COMPLAINT ON OR BEFORE JANUARY 22, 2024. – Page 1

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WHEREAS, Petitioner Williams Sports Rentals (WSR) commenced these admiralty

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proceedings under the Limitation of Liability Act (LOLA) 46 U.S.C. § 30529(c), and Admiralty

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Rule F(3) on March 28, 2017 (Complaint, ECF No. 1);

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WHEREAS, Petitioner and Third-Party Plaintiff WSR filed a Third-Party Complaint (TPC)

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(ECF No. 92), including its Exhibit A (Smith’s Rental Agreement with WSR) (ECF No. 92-1),

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Exhibit B (Smith’s Release and Waiver Form with WSR) (ECF No. 92-2), and Exhibit C (Smith’s

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Safety Checklist with WSR) (ECF No. 92-3) seeking indemnification and other relief against

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Third-Party Defendants Thomas Smith (Smith) and his company Berkeley Executives, Inc.

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(Berkeley) along with others, on February 18, 2020;

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WHEREAS, no claim or responsive pleading has been filed by either Smith or Berkeley,

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each having been served, and the Clerk’s entry of default against all non-appearing claimants as to

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the LOLA proceedings (ECF No. 24), entry of default against Berkeley as to WSR’s TPC (ECF No.

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106), and entry of default against Smith as to WSR’s TPC (ECF No. 169);

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WHEREAS, on July 5, 2023 Twin City Fire Insurance and Centinel Insurance Company,

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Ltd, filed a Third-Party Complaint against Third-Party Defendants Thomas Smith and Berkeley

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Executives, Inc. (ECF No. 162);

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WHEREAS, no claim or responsive pleading has been filed by ether Thomas Smith and

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Berkeley Executives, Inc.’s to Twin City Fire Insurance and Centinel Insurance Company, Ltd.’s

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Third-Party Complaint against Third-Party Defendants Thomas Smith and Berkeley Executives,

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Inc.;

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WHERES, on July 11, 2023, Third-Party Kai Petrick filed a Third-Party Complaint against
Third-Party Defendants Thomas Smith and Berkeley Executives, Inc. (ECF No. 165);
WHEREAS, no claim or responsive pleading has been filed by ether Thomas Smith and

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Berkeley Executives, Inc.’s to Kai Petrich’s Third-Party Complaint against Third-Party Defendants

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Thomas Smith and Berkeley Executives, Inc.;

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WHEREAS, on November 1, 2023, Petitioner and Third-Party Plaintiff WSR and Third-

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Party Defendants ThomasSmith and Berkeley Executives, Inc. entered into a stipulation

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acknowledging service with deadline to answer on or before November 17, 2023 (ECF No. 181 );
JOINT STIPULATION AND ORDER EXTENDING TIME FOR THIRD-PARTY DEFENDANTS THOMAS SMITH AND BERKELEY
EXECUTIVES, INC. TO FILE ANSWER TO THE COMPLAINT ON OR BEFORE JANUARY 22, 2024. – Page 2

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WHEREAS, on November 8, 2023, the Court adopted Petitioner and Third-Party Plaintiff

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WSR and Third-Party Defendants Thomas Smith and Berkeley Executives, Inc.’s stipulation

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acknowledging service with deadline to answer on or before November 17, 2023 (ECF No. 185);

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WHEREAS, on November 17, 2023, Petitioner and Third-Party Plaintiff WSR and Third-

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Party Defendants Thomas Smith and Berkeley Executives, Inc. entered into a stipulation

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acknowledging service with deadline to answer on or before December 1, 2023 (ECF No. 187 );

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WHEREAS, on November 28, 2023 the Honorable Kimberly J. Mueller issued a Minute

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Order granting the Parties’ stipulated request for extension of time for Third-Party Defendants

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ThomasSmith and Berkeley Executives, Inc. to answer on or before December 1, 2023 (ECF No.

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188);
WHEREAS, on December 19, 2023 counsel for Third-Party Defendants Thomas Smith and

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Berkeley Executives, Inc. reviewed the California Secretary of State’s website and noted that

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Berkeley Executives continues to be a suspended corporation (Attached hereto as Exhibit 1 is a true

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and correct copy of the California Secretary of State’s website reflecting that Berkeley Executives,

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Inc is still suspended. In light of the additional time needed for Third-Party Defendants

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ThomasSmith and Berkeley Executives, Inc. to continue their efforts to remove state franchise tax

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board suspension;

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WHEREAS, on December 4, 2023, Ms. Albini underwent emergency surgery and was

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hospitalized and subsequently released. On December 8, 2023, Ms. Albini was readmitted to the

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hospital due to surgical complications and recently released from the hospital. At this time Ms.

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Albini has not returned to work. Ms. Albini's urgent medical issues and the fact Berkeley

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Executives, Inc status as a suspended corporation necessitates a continuance of the time to respond

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to the aforementioned parties complaints on behalf of Mr. Smith and Berkeley Executives, Inc until

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January 22, 2024;

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COMES NOW the parties and stipulate for an Order as follows:

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Third-Party Defendants Smith and Berkeley shall file their answer(s) to WSR’s TPC (ECF

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No. 92), Twin City Fire Insurance Company and Sentinel Insurance Company, Ltd.;s TPC (ECF

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No. 162), and Kai Petrich’s TPC (ECF No. 165), or before January 22, 2023.
JOINT STIPULATION AND ORDER EXTENDING TIME FOR THIRD-PARTY DEFENDANTS THOMAS SMITH AND BERKELEY
EXECUTIVES, INC. TO FILE ANSWER TO THE COMPLAINT ON OR BEFORE JANUARY 22, 2024. – Page 3

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So Stipulated.
Dated: December 19, 2023

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By: _________________________________
DIANNA L. ALBINI
Attorneys for Third-PartyDefendants
THOMAS SMITH & BERKELEY EXECUTIVES, INC.

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WADE LAW GROUP, A Professional Corporation

Dated: December 19, 2023

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WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
By: ________________________
B. Otis Felder
Attorneys for Petitioner, Counter Defendant,
& Third-Party Plaintiff
WILLIAMS SPORTS RENTALS, INC.

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ATTESTATION OF PERMISSION TO FILE THIS STIPULATION
Counsel for Third-Party Defendants, THOMAS SMITH and BERKELEY EXECUTIVES,

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INC., attests that she has been given permission to sign this Stipulation on behalf of Petitioner,

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Counter Defendant, & Third-Party Plaintiff, WILLIAMS SPORTS RENTALS, INC., by its

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counsel, B. Otis Felder.

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Dated: December 19, 2023

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By: _______________________________
LYNN K. KRIEGER
Attorneys for Third-Party Complainant/
Third-Party Defendant, KAI PETRICH

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COX, WOOTTON, LERNER, GRIFFIN &
HANSEN LLP

ATTESTATION OF PERMISSION TO FILE THIS STIPULATION

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Counsel for Third-Party Defendants, THOMAS SMITH and BERKELEY EXECUTIVES, INC.,

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attests that she has been given permission to sign this Stipulation on behalf of Third-Party

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Complainant/Third-Party Defendant, KAI PETRICH, by his counsel, Lynn K. Krieger.

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Dated: December 19, 2023

WADE LAW GROUP, A Professional Corporation

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JOINT STIPULATION AND ORDER EXTENDING TIME FOR THIRD-PARTY DEFENDANTS THOMAS SMITH AND BERKELEY
EXECUTIVES, INC. TO FILE ANSWER TO THE COMPLAINT ON OR BEFORE JANUARY 22, 2024. – Page 4

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By: _____________________________
DIANNA L. ALBINI
Attorneys for Third-PartyDefendants
THOMAS SMITH & BERKELEY EXECUTIVES, INC.

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Dated: December 19, 2023

LAW OFFICE OF DAMIEN MOROZUMI

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By:__________________________________
DAMIEN MOROZUMI
Attorneys for Third-Party Complainant/
Third-Party Defendant, KAI PETRICH

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ATTESTATION OF PERMISSION TO FILE THIS STIPULATION

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Counsel for Third-Party Defendants, THOMAS SMITH and BERKELEY EXECUTIVES, INC.,

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attests that she has been given permission to sign this Stipulation on behalf of Third-Party

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Complainant/Third-Party Defendant, KAI PETRICH, by his counsel, Damien Morozumi.

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Dated: December 19, 2023

WADE LAW GROUP, A Professional Corporation

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By: _____________________________
DIANNA L. ALBINI
Attorneys for Third-PartyDefendants
THOMAS SMITH & BERKELEY EXECUTIVES, INC.

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Dated: December 19, 2023

MURPHY, PEARSON, BRADLEY & FEENEY

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By:__________________________________
LAURA R. GREALISH
Attorneys for Intervenors
TWIN CITY FIRE INSURANCE COMPANY
AND SENTINEL INSURANCE COMPANY,
LIMITED
ATTESTATION OF PERMISSION TO FILE THIS STIPULATION
Counsel for Third-Party Defendants, THOMAS SMITH and BERKELEY EXECUTIVES, INC.,
attests that she has been given permission to sign this Stipulation on behalf of Intervenors
TWIN CITY FIRE INSURANCE COMPANY AND SENTINEL INSURANCE COMPANY,
LIMITED by their counsel, Laura R. Grealish.

JOINT STIPULATION AND ORDER EXTENDING TIME FOR THIRD-PARTY DEFENDANTS THOMAS SMITH AND BERKELEY
EXECUTIVES, INC. TO FILE ANSWER TO THE COMPLAINT ON OR BEFORE JANUARY 22, 2024. – Page 5

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Dated: December 19, 2023

WADE LAW GROUP, A Professional Corporation

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By: _____________________________
DIANNA L. ALBINI
Attorneys for Third-PartyDefendants
THOMAS SMITH & BERKELEY EXECUTIVES, INC.

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ORDER

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Having reviewed the parties’ stipulation, ECF No. 192, the court finds extraordinary

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circumstances warrant extending the deadline to January 22, 2024, for Thomas Smith and Berkeley

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Executives, Inc. to file their answers to (1) Williams Sports Rentals, Inc.’s third party complaint,

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ECF No. 92, (2) Twin City Fire Insurance Company and Sentinel Insurance Company Ltd.’s third

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party complaint, ECF No. 162, and (3) Kai Petrich’s third party complaint, ECF No. 165. The

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court will not grant further extensions unless another extraordinary circumstance occurs.

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IT IS SO ORDERED.
DATED: December 20, 2023.

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JOINT STIPULATION AND ORDER EXTENDING TIME FOR THIRD-PARTY DEFENDANTS THOMAS SMITH AND BERKELEY
EXECUTIVES, INC. TO FILE ANSWER TO THE COMPLAINT ON OR BEFORE JANUARY 22, 2024. – Page 6