Doss v. Transocean Shipmanagement GMBA

Filing 151

ORDER CONTINUING TRIAL AND AMEND PRE-TRIAL ORDER re 143 Stipulation filed by Tonita Doss. Signed by Judge James Larson on 8/10/10. (jlsec, COURT STAFF) (Filed on 8/10/2010)

Case3:06-cv-07072-JL Document143

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BIRNBERG & ASSOCIATES
1083 Mission Street, Third Floor SAN FRANCISCO CA, 94103 TEL [phone] FAX [phone]

BIRNBERG & ASSOCIATES CORY A. BIRNBERG (SBN 105468) 1083 Mission St., Third Floor San Francisco, California 94103 Telephone Number: [phone] Facsimile Number: [phone] Attorneys for Plaintiff TONITA DOSS

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA TONITA DOSS, ) ) ) Plaintiff, ) ) vs. ) ) HYUNDAI MERCHANT MARINE ) LTD., INC.; JOHN T. ESSBERGER ) GMBH; and, LUNGI SHIPPING, INC., ) Defendants. ) ___________________________________ ) Case No. 06-07072-JL

STIPULATED REQUEST TO CONTINUE TRIAL AND TO AMEND THE PRE-TRIAL ORDER; [PROPOSED] ORDER Current trial date: October 4, 2010

Counsel for all parties in this action have met and conferred and jointly request that the trial in the matter be continued and that the pre-trial order be amended as set forth below. Counsel make the below request based on continuations of defendants' motions for summary judgment and consequent ruling on the motions to be made some time after the parties planned mediation. As the motions address significant issues of law defining the parties' duties to plaintiff, the parties' ability to prepare for trial, and to determine the areas where an expert witness may be required or the scope of the existing experts report may be impacted. Judicial economy and costs would also be served, if the pre-trial depositions of

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STIPULATED REQUEST TO CONTINUE TRIAL AND TO AMEND THE PRE-TRIAL ORDER; Case No. 06-07072-JL [PROPOSED] ORDER 1

Case3:06-cv-07072-JL Document143

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BIRNBERG & ASSOCIATES
1083 Mission Street, Third Floor SAN FRANCISCO CA, 94103 TEL [phone] FAX [phone]

experts and pre-trial submissions were continued. These requests are also based on counsels' trial calendars in the coming months. Furthermore, the parties are seeking a continuation of the trial in order to explore possible settlement at the already scheduled mediation set for August 13, 2010 and possible settlement discussion following the Court's decision in regards to the Motions for Summary Judgment. Lastly, at the August 4, 2010 hearing, the Court indicated it would entertain a stipulation to continue the trial and pre-trial due dates. For these reasons, counsel for all of the parties hereby jointly stipulate to the following proposed schedule and respectfully request the Court to enter an order as such or as nearly as possible that conforms to the dates set forth below. February 28, 2011 February 23, 2011 January 24, 2011 January 21, 2011 January 13, 2011 January 7, 2011 Trial at 9:00 a.m. Pre-trial conference at 11:00 a.m. Last day to meet in regards to Local Rule 16-10(b) and per the Court's standing orders Last day to depose expert witnesses Expert Rebuttal reports due Last day to exchange expert witness reports

The signatory below, who is e-filing this document, hereby attest that he has obtained the concurrence in the filing of this document of each signatory listed below. Respectfully submitted. Dated: August 4, 2010 BIRNBERG & ASSOCIATES By: ____/s/ Cory Birnberg___ Cory A. Birnberg Attorney for Plaintiff, TONITA DOSS
STIPULATED REQUEST TO CONTINUE TRIAL AND TO AMEND THE PRE-TRIAL ORDER; Case No. 06-07072-JL [PROPOSED] ORDER 2

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Case3:06-cv-07072-JL Document143

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BIRNBERG & ASSOCIATES
1083 Mission Street, Third Floor SAN FRANCISCO CA, 94103 TEL [phone] FAX [phone]

Dated: August 4, 2010

FLYNN, DELICH & WISE, LLP By: ____/s/ Jeanine Steele Tede_ Jeanine Steele Tede Attorney for Defendant, HYUNDAI MERCHANT MARINE CO. LTD

Dated: August 4, 2010

EMARD DANOFF PORT TAMULSKI & PAETZOLD, LLP By: ___/s/ James J. Tamulski___ James J. Tamulski Attorneys for Defendants, JOHN T. ESSBERGER and LUNGI SHIPPING, INC.

ORDER Pursuant to stipulation, it is so ordered.

August 10, 2010 Dated: ___________________

___________________ Hon. James Larson United States Magistrate Judge

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STIPULATED REQUEST TO CONTINUE TRIAL AND TO AMEND THE PRE-TRIAL ORDER; Case No. 06-07072-JL [PROPOSED] ORDER 3