Doss v. Transocean Shipmanagement GMBA

Filing 72

ORDER AMENDING PRE-TRIAL ORDER re 71 Stipulation filed by Hyundai Merchant Marine America Inc. Signed by Judge James Larson on 4/14/10. (jlsec, COURT STAFF) (Filed on 4/14/2010)

Case3:06-cv-07072-JL Document71

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1 2 3 4 5 6 7 8 9 10 FLYNN, DELICH & WISE LLP 11
ATTORNEYS AT LAW ONE CALIFORNIA STREET, SUITE 350 SAN FRANCISCO, CALIFORNIA 94111 [phone]

James B. Nebel (Bar No. 69626) Jeanine Steele Tede (Bar No. 177731) FLYNN, DELICH & WISE LLP One California Street, Suite 350 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant HYUNDAI MERCHANT MARINE CO. LTD. (incorrectly sued herein as Hyundai Merchant Marine (America) Inc.)

IN THE UNITED STATES DISTRICT COURT IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Counsel for all parties to this action have met and conferred and jointly request that the pre-trial order be amended as set forth below. Counsel are not requesting a change in the trial date. vs. TRANSOCEAN SHIPMANAGEMENT GMBA; ETC. ET AL. Defendants. TONITA DOSS Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 06-07072-JL

STIPULATED REQUEST FOR AMENDMENT OF THE PRE-TRIAL ORDER AND [PROPOSED] ORDER
Trial Date October 4, 2010 THE HON. MAGISTRATE JUDGE LARSON

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STIPULATED REQUEST FOR AMENDMENT OF PRE-TRIAL ORDER AND [PROPOSED] ORDER Case No. 06-07072 JL

Case3:06-cv-07072-JL Document71

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1 2 3 4 5 6 7 8 9 10 FLYNN, DELICH & WISE LLP 11
ATTORNEYS AT LAW ONE CALIFORNIA STREET, SUITE 350 SAN FRANCISCO, CALIFORNIA 94111 [phone]

At the case management conference on February 17, 2010, the court set the following pretrial dates: May 11, 2010 ­ Last day to disclose experts May 28, 2010 ­ Discovery cutoff (except as to pending discovery motions or noticed matters) June 25, 2010 ­ Last day to depose experts July 7, 2010 ­ Last day to hear dispositive motions July 23, 2010 ­ Last day to complete ADR proceeding August 11, 2010 ­ Pretrial conference October 4, 2010 ­ Trial, expected to last 7 to 10 days

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Counsel respectfully request adjustment to these dates, except for the trial date, for the following reasons. On April 5, 2010 counsel for plaintiff reported that plaintiff had obtained a second medical opinion and elected to have further surgery for a condition that she contends is related to injuries for which she is suing in this litigation. Surgery is planned for April or May, 2010 and recovery is expected to take several weeks. After this time, plaintiff will be able and willing to submit to an independent medical examination by defendants' medical experts. Plaintiff will also be able to participate in her continued deposition. Further, defendant Hyundai has filed a motion for summary judgment, scheduled to be heard on May 12, 2010. Defendants John T. Essenberger and Lungi Shipping anticipate filing a motion for summary judgment during the week of April 12. Defendants' motions relate to the liability issues in this case and are expected at a minimum to narrow the issues for trial and, as a result, the issues to be addressed by the parties' experts. Also, defendants expect that the motions will facilitate meaningful settlement negotiations. For these reasons, counsel for the parties hereby jointly stipulate to the following proposed schedule and respectfully ask the Court enter an order that as nearly as possible conforms to the schedule set forth below.

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STIPULATED REQUEST FOR AMENDMENT OF PRE-TRIAL ORDER AND [PROPOSED] ORDER Case No. 06-07072 JL

Case3:06-cv-07072-JL Document71

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1 2 3 4 5 6 7 8 9 10 FLYNN, DELICH & WISE LLP 11
ATTORNEYS AT LAW ONE CALIFORNIA STREET, SUITE 350 SAN FRANCISCO, CALIFORNIA 94111 [phone]

July 6, 2010 ­ Last day to disclose experts July 23, 2010 ­ Discovery cutoff (except as to pending discovery motions or noticed matters) August 20, 2010 ­ Last day to depose experts September 1 , 2010 ­ Last day to hear dispositive motions September 17, 2010 ­ Last day to complete ADR proceeding September 29, 2010 August 29, 2010 ­ Pretrial conference October 4, 2010 ­ Trial, expected to last 7 to 10 days

The signatory below who is e-filing this document hereby attests that she has obtained the concurrence in the filing of this document of each signatory listed below. Respectfully submitted.

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DATED: April 9, 2010

FLYNN, DELICH & WISE LLP

/s/ Jeanine Steele Tede Jeanine Steele Tede Attorneys for Defendant HYUNDAI MERCHANT MARINE CO. LTD. By DATED: April 9, 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.

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STIPULATED REQUEST FOR AMENDMENT OF PRE-TRIAL ORDER AND [PROPOSED] ORDER Case No. 06-07072 JL

Case3:06-cv-07072-JL Document71

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1 2 3 4 5 6 7 8 9 10 FLYNN, DELICH & WISE LLP 11
ATTORNEYS AT LAW ONE CALIFORNIA STREET, SUITE 350 SAN FRANCISCO, CALIFORNIA 94111 [phone]

DATED: April 9, 2010

BIRNBERG & ASSOCIATES

By

/s/ Cory A. Birnberg Cory A. Birnberg Attorneys for Plaintiff TONITA DOSS

*** Pursuant to stipulation, it is so ordered.

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April 14, 2010 Dated: _______________

___________________________ United States Magistrate Judge

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STIPULATED REQUEST FOR AMENDMENT OF PRE-TRIAL ORDER AND [PROPOSED] ORDER Case No. 06-07072 JL