Mountjoy v. Stam Shipping SA et al

Filing 19

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 3/31/2021 GRANTING the parties until 5/25/2021 to complete a global mediation and until 8/23/2021 to complete any preservation depositions and expert discovery. (Coll, A)

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BRODSKY MICKLOW BULL & WEISS LLP
Edward M. Bull III, State Bar No. 141966
Kurt Micklow, State Bar No. 113974
505 14TH Street, Suite 900
Alameda, California 94612
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Plaintiff
SONIA MOUNTJOY
KEESAL YOUNG & LOGAN
John D. Giffin, State Bar No.
89608
450 Pacific Avenue
San Francisco, CA 94133
Attorneys for
Defendants
STAM SHIPPING SA
and
ACER MARITIME, INC.,

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SONIA MOUNTJOY

)
)
Plaintiff,
)
vs.
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)
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STAM SHIPPING SA; ACER MARITIME,
INC., in personam; M/V CASSIOPEIA STAR, )
her engines, tackle, furniture, apparel, etc., in )
rem; DOES 1-10
)
)
Defendants. 
)
)
)
)

Case No.: 2:18-CV-00075-TLN-JDP

STIPULATION AND ORDER
REGARDING MEDIATION, TRIAL
PRESERVATION DEPOSITIONS AND
EXPERT DISCOVERY

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STIPULATION AND ORDER

Case No 2:18-CV-00075-TLN-JDP

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Plaintiff SONIA MOUNTJOY and Defendants STAM SHIPPING SA and ACER

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MARITIME, INC. (the “Parties”) hereby submit their Stipulation and Proposed Order Regarding

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Mediation, Trial Preservation Depositions and Expert Discovery and as follows:

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WHEREAS the parties have filed their Joint Notice of Trial Readiness herewith, and have
requested a trial date in December, 2021 or starting in or after March 2022; and
WHEREAS the parties have completed written discovery, percipient discovery depositions
(including the deposition of Plaintiff and her supervisor), and an IME of Plaintiff; and
WHEREAS the parties are prepared to participate in and are currently working to schedule a
“global” mediation with the parties herein, and the parties to a companion worker’s compensation

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claim being prosecuted by Plaintiff under the Longshore and Harbor Workers Compensation Act
(the “LHWCA); and

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WHEREAS the statutory right of the employer in a LHWCA compensation claim to recover

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its lien for past benefits paid (currently exceeding $600,000 in the present action) from any recovery

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from any third party, and its right to grant or withhold its consent to any settlement of any thirdparty civil actions under the LHWCA, make it critical in such cases that the parties to both cases
participate in any mediation or other settlement process; and
WHEREAS counsel for the employer in the LHWCA compensation case have only very
recently advised the parties herein of their readiness to participate in a global mediation; and
WHEREAS Plaintiff had a multi-level cervical spinal fusion at UCSF Medical Center on

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November 27, 2019, underwent over a year of post-surgical complications and therapies, and has

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only recently become permanent and stationary (as related to her ability to return to her career in the

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longshore trade); and

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___________________________________________________________________________________________________________

STIPULATION AND ORDER

Case No 2:18-CV-00075-TLN-JDP

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WHEREAS the Parties have identified the few maritime worker witnesses who need to have

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their testimony preserved for trial (one or two foreign crew members and one or two longshore

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witness, at least one of whom has moved out of the state of California), and the parties agree the

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preservation of this witness testimony could likely be completed within 60- 90 days of the
completion of the anticipated mediation; and
WHEREAS the Parties have identified the experts they wish to call at trial, have met and

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conferred, and anticipate that expert discovery could be completed within the same 60- 90 days of

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completion of the anticipated mediation; and

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WHEREAS the Parties do not need to complete these final preservation depositions or

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expert discovery in order to participate in settlement efforts, and wish to avoid the expense of these

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final pre-trial efforts until after they have completed a global mediation and made all efforts to

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resolve both this action and the companion LHWACA claim; and

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WHEREAS it does not appear that allowing the parties 90 days to complete these limited
tasks after the completion a global mediation will result in any delay in the trial of this matter:
WHEREFORE the Parties stipulate, and hereby respectfully request that the Court allow the

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parties: (1) 60 days (until May 25, 2021) to complete a global mediation and (2) an additional 90

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days thereafter (until August 23, 2021) to complete any preservation depositions and expert

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discovery.
SO STIPULATED:
DATED: March 26, 2021

BRODSKY MICKLOW BULL & WEISS LLP
By /s/ Edward M. Bull III
Edward M. Bull III
Kurt Micklow

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Attorneys for Plaintiff
SONIA MOUNTJOY

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STIPULATION AND ORDER

Case No 2:18-CV-00075-TLN-JDP

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DATED: March 26, 2021

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KEESAL YOUNG & LOGAN
By /s/ John D. Giffin
John D. Giffin

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Attorneys for Defendants
STAM SHIPPING SA and
ACER MARITIME, INC.

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ORDER

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Given that the parties plan to complete a global mediation before trial, and their wish to

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avoid incurring the expense of completing a limited number of preservation depositions and expert

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discovery, the Court finds that good cause exists to grant the parties: (1) 60 days (until May 25,

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2021) to complete a global mediation and (2) an additional 90 days thereafter (until August 23,

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2021) to complete any preservation depositions and expert discovery.

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IT IS SO ORDERED.

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Dated: March 31, 2021
Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER

Case No 2:18-CV-00075-TLN-JDP