In the Matter of Sortwell Inc.,

Filing 31

STIPULATION AND ORDER. Pursuant to the Parties stipulation, the case management conference shall be continued from 11/12/2009 until 2/11/2010 at 3:30 PM re doc 30 by Sortwell Inc. Signed by Judge Vaughn R Walker on 10/21/2009. (cgk, COURT STAFF) (Filed on 10/22/2009)

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OX, WOOTTON, GRIFFIN, HANSEN & POULOS, LLP
190 THE EMBARCADERO SAN FRANCISCO, CA 94105 TEL: [phone] FAX: [phone]

COX, WOOTTON, GRIFFIN, HANSEN & POULOS, LLP Richard C. Wootton (SBN 88390) Christopher S. Kieliger (SBN 209121) 190 The Embarcadero San Francisco, California 94105 Telephone No.: [phone] Facsimile No.: [phone] Attorneys for Plaintiff, Sortwell, Inc. dba Amnav Maritime Services UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA In the Matter of the Complaint of ) ) Sortwell, Inc. dba Amnav Maritime Services, ) ) Plaintiff, ) ) For Exoneration from or Limitation of ) Liability. ) _____________________________________ ) I. INTRODUCTION Good cause exits for continuing the Initial Case Management Conference ("ICMC"), currently scheduled for November 12, 2009, as plaintiff Sortwell, Inc. dba Amnav Maritime Services ("Sortwell") has made a $2,000,000.00 (Two Million Dollar) without prejudice advance payment on settlement to claimant Tesoro Refining & Marketing Co. ("Tesoro"). See Declaration of Christopher S. Kieliger ("Kieliger Decl.") at ¶3. Sortwell and Tesoro are currently working towards a full and final settlement. Kieliger Decl. at ¶ 4. As evidenced by Sortwell's $2,000,000.00 payment, the parties are actively working toward a final out of court settlement of this matter. Kieliger Decl. at ¶ 5. The parties seek a 90 day continuance continuance of the ICMC to allow the parties to fully settle this matter. II. PROCEDURAL HISTORY On November 14, 2008, Sortwell, filed a complaint in this Court as owners of the tug INDEPENDENCE, Official No. 1196784 (the "Tug") seeking exoneration from or -1Case No. CV-08-5167 VRW JOINT REQUEST FOR CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER Case No.: CV-08-5167 VRW JOINT REQUEST FOR CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE AND ATTENDANT DEADLINES [PROPOSED] ORDER CMC Date: November 12, 2009 Trial Date: None Set

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OX, WOOTTON, GRIFFIN, HANSEN & POULOS, LLP
190 THE EMBARCADERO SAN FRANCISCO, CA 94105 TEL: [phone] FAX: [phone]

limitation of liability as provided for 46 U.S.C. §30501 et.seq., for all losses, injuries, damages, and deaths resulting or arising from the Tug's allision with the Avon Wharf ("the wharf") on or about May 14, 2008. This Court, in its December 22, 2008 Order Directing Issuance Of Monition and Injunction, issued an order that "all persons and entities claiming losses, damages, injuries, or death resulting or arising from the subject incident of the Tug admonishing them to appear and file their respective claims and answers with the Clerk of this Court on or before March 20, 2009." On January 28, 2009, plaintiff moved for, and the Court granted an order continuing the ICMC until May 14, 2009, because no one responded to the Monition nor would they be required to prior to the ICMC's originally scheduled date of February 19, 2009. On February 23, 2009, Tesoro filed its answer and claim alleging that it is the owner of the wharf that was allegedly damaged by the Tug and claiming $7,879,240.00 in damages. On April 27, 2009, this Court granted a joint request by the parties to continue the ICMC from May 14, 2009 to August 13, 2009. An Order Entering Default of All NonAppearing Claimants was issued on May 8, 2009. On July 20, 2009, this Court granted a continuance of the April 13, 2009 ICMC to November 12, 2009 to allow the parties to finalize a without prejudice advance payment on settlement agreement. III. GOOD CAUSE EXISTS FOR CONTINUANCE OF THE ICMC As evidenced by Sortwell's payment of a $2,000,000.00 without prejudice advance payment on settlement, the parties are diligently working toward a out of court settlement this matter. Kieliger Decl. at ¶¶ 3-5. Tesoro has provided Sortwell with boxes of documents which it alleges support its claim for damages and Sortwell has retained a number of experts to review those documents. Kieliger Decl. at ¶6. Sortwell's counsel and economic loss expert met with Tesoro at its San Antonio offices to discuss its claim. Kieliger Decl. at ¶7. In addition, the parties and experts participated in an all day meeting at the Tesoro facility on May 21, 2009, to discuss Tesoro's claims relating to the construction repair costs. Kieliger Decl. at ¶8. At that meeting Sortwell requested, and -2Case No. CV-08-5167 VRW JOINT REQUEST FOR CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

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OX, WOOTTON, GRIFFIN, HANSEN & POULOS, LLP
190 THE EMBARCADERO SAN FRANCISCO, CA 94105 TEL: [phone] FAX: [phone]

Tesoro agreed to provide additional documentation in support of its claim. Kieliger Decl. at ¶9. Tesoro has now provided a number of the documents requested. Kieliger Decl. at ¶10. Continuance of the ICMC for 90 days serves the interest of judicial economy as it allows the parties to finalize a full settlement after Sortwell's without prejudice advance payment on settlement of $2,000,000, review the outstanding documents requested at the May 21, 2009 meeting, informally address questions and concerns relating to the outstanding amount of damages and meet on at least one more occasion to discuss final resolution of this matter. Kieliger Decl. at ¶11. That final settlement could be reached as early as January 2010. Kieliger Decl. at ¶12. Plaintiff therefore requests that the Initial Case Management Conference currently scheduled for November 12, 2009, be continued until February 11, 2010, along with the attendant deadlines. Dated: October 21, 2009 COX, WOOTTON, GRIFFIN, HANSEN & POULOS, LLP Attorneys for Plaintiff, SORTWELL, INC DBA AMNAV MARITIME SERVICES By: ________________/s/__________________ Christopher S. Kieliger Dated: October 21, 2009 DAIGLE, FISSE & KESSENICH Attorneys pro hac vice for Claimant, TESORO REFINING AND MARKETING COMPANY

By: _________________/s/_________________ John Frederick Kessenich [PROPOSED] ORDER Pursuant to the parties stipulated request above, and good cause having been shown, the Initial Case Management Conference scheduled for November 12, 2009 is continued until February 11, 2010. The parties ADR Certification, Stipulation to ADR Process and meet and confer pursuant to FRCP 26(f) to be completed by January 21, 2010. -3Case No. CV-08-5167 VRW JOINT REQUEST FOR CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

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OX, WOOTTON, GRIFFIN, HANSEN & POULOS, LLP
190 THE EMBARCADERO SAN FRANCISCO, CA 94105 TEL: [phone] FAX: [phone]

Last day to file Rule 26(f) Report ­ February 4, 2010. IT IS SO ORDERED 21 Dated: October _____, 2009

S DISTRICT TE C TA ___________________________________________

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JUDGE OF THE U.S. DISTRICT COURT For the Northern District of California D

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-4Case No. CV-08-5167 VRW JOINT REQUEST FOR CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER C

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