Larsen, et al., v. Sweet Emotion

Filing 60

STIPULATION and ORDER signed by Senior Judge John A. Mendez on 5/22/2023 MODIFYING the Pre-Trial Scheduling Order as follows: Expert disclosures to be made by 8/18/2023; Supplemental disclosure and disclosure of rebuttal experts due by 9/1/2023; Dis covery to be completed by 10/20/2023; Dispositive motions to be filed by: 12/8/2023; Dispositive Motions to be filed by 09/08/2023; Dispositive motions to be heard on 2/13/2024 at 01:30 PM; Joint Mid-Litigation Statement Filing Deadline: 14 days prior to close of discovery. The Final Pretrial Conference is SET for 3/22/2024 at 11:00 AM and the Trial is SET for 5/6/2024 at 09:00 AM, in Courtroom 6 (JAM) before Senior Judge John A. Mendez. (Kastilahn, A)

1 JOSHUA A. SOUTHWICK (246296)
C. JOSEPH OU (294090)
2 GIBSON ROBB & LINDH LLP
1255 Powell Street
3 Emeryville, California 94608
Telephone:
[phone]
4 Facsimile:
[phone]
Email:
[e-mail]
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[e-mail]
6 Attorneys for Claimant
ACE AMERICAN INSURANCE COMPANY
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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12 In the Matter of the Complaint of SCOTT
LARSEN and DEBBIE LARSEN, as owners
13 of SWEET EMOTION, from exoneration from
or limitation of liability
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Case No. 2:21-cv-00390-JAM-AC
JOINT STIPULATION AND ORDER RE:
MODIFICATION OF PRE-TRIAL
SCHEDULING ORDER

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Action Filed:
Trial Date:

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March 3, 2021
February 5, 2024

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JOINT STIPULATION AND [PROPOSED] ORDER RE: MODIFICATION OF PRE-TRIAL SCHEDULING ORDER
Case No. 2:21-cv-00390-JAM-AC; Our File No. 5813.24

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Claimants Hanover Insurance Company, Atlantic Specialty Insurance Company, Standard

2 Fire Insurance Company, Ace American Insurance Company, Clinton and Kathy Jones, Markel
3 American Insurance Company, Ox Bow Marina and Plaintiffs-in-Limitation Scott and Debbie
4 Larsen submit the following stipulation and proposed order seeking to extend certain discovery
5 deadlines provided in the Court’s November 15, 2022 Order. (Docket No. 58).
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The November 15, 2022 Order, set the following dates:

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o Expert disclosures to be made by: May 19, 2023

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o Supplemental disclosure and disclosure of rebuttal experts: June 2, 2023

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o Discovery to be completed by: July 21, 2023

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o Dispositive motions to be filed by: September 6, 2023

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o Dispositive motions to be heard on: November 14, 2023 at 1:30 p.m.

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o Joint Mid-Litigation Statement Filing Deadline: 14 days prior to close of

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discovery (July 7, 2023).

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o Final pre-trial conference: December 15, 2023 at 10:00 a.m.

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o Trial: February 5, 2024 at 9:00 a.m.

16 (Dkt. No. 58).
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The parties met and conferred and agreed that a continuance of the deadlines for expert

18 disclosures, supplemental disclosures and discovery cut off would be appropriate given the status
19 of discovery as well as the status of settlement negotiations. This action arises out of an explosion
20 and fire at the Ox Bow Marina on September 14, 2020. The parties have diligently taken the
21 depositions of multiple witnesses. However, given the number of witnesses and vessels involved,
22 discovery is not yet complete. In addition, repairs at the Ox Bow Marina are ongoing, discovery
23 regarding the circumstances relating to the incident and the damages incurred by the marina as a
24 result of the incident continue to be undetermined. The parties cannot adequately prepare expert
25 reports until discovery is complete and cannot adequately engage in settlement negotiations until
26 damages can be better determined.
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JOINT STIPULATION AND [PROPOSED] ORDER RE: MODIFICATION OF PRE-TRIAL SCHEDULING ORDER
Case No. 2:21-cv-00390-JAM-AC; Our File No. 5813.24

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On May 15, 2023, the parties met and conferred and agreed that a further 3-month

2 continuance would allow the parties time to complete the necessary discovery to meaningfully
3 engage in settlement discussion. The parties contacted the Court and confirmed that the Court is
4 able to accommodate the following schedule:
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o Expert disclosures to be made by: August 18, 2023

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o Supplemental disclosure and disclosure of rebuttal experts: Sept. 1, 2023

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o Discovery to be completed by: Oct. 20, 2023

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o Dispositive motions to be filed by: December 8, 2023

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o Dispositive motions to be heard on: February 13, 2024 at 1:30 p.m.

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o Joint Mid-Litigation Statement Filing Deadline: 14 days prior to close of

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discovery (Oct. 6, 2023).

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o Final pre-trial conference: March 15, 2024 at 10:00 a.m.

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o Trial: May 6, 2024 at 9:00 a.m.

14 The parties respectfully request the Court grant the parties’ request to continue the dates as outlined
15 above.
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Pursuant to the Monition and order on application for publications, all claims were to be

17 filed on or before April 18, 2021 (Docket Nos. 7, 8). On or about April 20, 2021, Elaine Ilderton
18 filed a request for an extension of time to file her claim (Docket No. 20). The Court granted Ms.
19 Ilderton’s request for a 90-day extension to file her claim (Docket No. 21), giving a new filing and
20 service deadline of July 21, 2021. No separate claim by Ms. Ilderton has been filed in this limitation
21 action. Therefore, based on the foregoing facts and pursuant to FRCP Title XIII Rule F(4), Ms.
22 Ilderton does not have a separate claim in this limitation action, making her signature on this
23 Stipulation unnecessary.
24 IT IS SO STIPULATED:
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JOINT STIPULATION AND [PROPOSED] ORDER RE: MODIFICATION OF PRE-TRIAL SCHEDULING ORDER
Case No. 2:21-cv-00390-JAM-AC; Our File No. 5813.24

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1 Dated: May 17, 2023

GIBSON ROBB & LINDH LLP

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/s/ C. JOSEPH OU
C. Joseph Ou
[e-mail]
Attorneys for Claimant
ACE AMERICAN INSURANCE
COMPANY

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8 Dated: May 17, 2023
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POWERS MILLER
/s/ JOHN P. SCIACCA
John P. Sciacca
[e-mail]
Attorneys for Plaintiffs
SCOTT LARSEN and DEBBIE LARSEN

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LAW OFFICE OF VICTORIA A.
TURCHETTI
/s/ MICHAEL S. LEAVY
Michael S. Leavy
[e-mail]
Attorneys for Claimant
ATLANTIC SPECIALTY INSURANCE
COMPANY

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Dated: May 17, 2023

COX WOOTON LERNER GRIFFIN &
HANSEN LLP

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/s/ NEIL S. LERNER
Neil S. Lerner
[e-mail]
Attorneys for Claimants
CLINTON JONES and KATHY JONES

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JOINT STIPULATION AND [PROPOSED] ORDER RE: MODIFICATION OF PRE-TRIAL SCHEDULING ORDER
Case No. 2:21-cv-00390-JAM-AC; Our File No. 5813.24

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1 Dated: May 17, 2023

NOMA LAW FIRM

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/s/ SALLY NOMA
Sally Noma
[e-mail]
Attorneys for Claimant
MARKEL AMERICAN INSURANCE
COMPANY

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KEESAL, YOUNG & LOGAN
/s/ JOHN D. GIFFIN
John D. Giffin
[e-mail]
Attorneys for Claimant
OX BOW MARINA

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14 Dated: May 17, 2023
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GROTEFELD HOFFMANN GORDON &
OCHOA, LLP
/s/ MARGARET L. SELL
Margaret L. Sell
[e-mail]
Attorneys for Claimant HANOVER
INSURANCE COMPANY

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I, C. Joseph Ou attest that the other signatories listed above and on whose behalf the filing

22 is submitted, concurred in the filing’s content, and authorized the filing.
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/s/ C. JOSEPH OU
C. Joseph Ou

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JOINT STIPULATION AND [PROPOSED] ORDER RE: MODIFICATION OF PRE-TRIAL SCHEDULING ORDER
Case No. 2:21-cv-00390-JAM-AC; Our File No. 5813.24

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ORDER MODIFYING PRETRIAL SCHEDULING ORDER
Based on the stipulation of the parties and good cause appearing, the Pre-trial Scheduling

3 Order of July 18, 2022, is MODIFIED as follows:
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o Expert disclosures to be made by: August 18, 2023

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o Supplemental disclosure and disclosure of rebuttal experts: September 01, 2023

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o Discovery to be completed by: October 20, 2023

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o Dispositive motions to be filed by: December 08, 2023

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o Dispositive motions to be heard on: February 13, 2024, at 1:30 PM.

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o Joint Mid-Litigation Statement Filing Deadline: 14 days prior to close of

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discovery.

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o Final pre-trial conference: March 22, 2024, at 11:00 AM.

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o Trial: May 6, 2024, at 9:00 AM.

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Counsel shall contact Judge Mendez’ courtroom deputy, M York, via e-mail at

14 [e-mail], prior to filing a stipulation and proposed order to continue the dates set
15 forth in this order.
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17 IT IS SO ORDERED.
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Dated: May 22, 2023

/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
SENIOR UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION AND [PROPOSED] ORDER RE: MODIFICATION OF PRE-TRIAL SCHEDULING ORDER
Case No. 2:21-cv-00390-JAM-AC; Our File No. 5813.24

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JOINT STIPULATION AND [PROPOSED] ORDER RE: MODIFICATION OF PRE-TRIAL SCHEDULING ORDER
Case No. 2:21-cv-00390-JAM-AC; Our File No. 5813.24

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