Gibson v. United States of America

Filing 24

ORDER EXTENDING MEDIATION DEADLINE. The new mediation deadline is set for October 16, 2010. The issue of whether the trial date should be continued, and, if so, to what date, will be addressed at the August 6, 2010 Status Conference. Signed by Judge Vaughn R Walker for Maxine M. Chesney on July 12, 2010. (mmclc1, COURT STAFF) (Filed on 7/12/2010)

Gibson v. United States of America

Doc. 24

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LYLE C. Cavin, JR., SBN 44958 CHRISTOPHER W. GOODROE, SBN 224386 LAW OFFICES OF LYLE C. CAVIN, JR. 201 Fourth Street, Suite 102 Oakland, California 94607 Telephone: [phone] Facsimile: [phone]

Attorneys for Plaintiff DALE GIBSON

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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DALE GIBSON,
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Case No.

C09-1035 MMC

Plaintiff, v. STIPULATION AND [PROPOSED] ORDER TO EXTEND THE TRIAL DATE AND MEDIATION DEADLINE ; ORDER EXTENDING MEDIATION DEADLINE

UNITED STATES OF AMERICA,

Defendants.
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Plaintiff, DALE GIBSON, and Defendant, UNITED STATES OF
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AMERICA, hereby stipulate to extend the trial date and deadline
1 Stipulation And [Proposed] Order to Extend the Trial Date and Mediation Deadline Case No. C09-1035 MMC)

Dockets.Justia.com

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to mediate this matter.

Currently the trial is set for November The parties

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have stipulated to move the trial date out 90 days to February
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1, 2011, and move the mediation deadline 90 days to October 16, 2010. Good cause for this extension exists due to the fact that this is a Jones Act personal injury case where both the witnesses and the plaintiff have been at sea for extended

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amounts of time.

Up until recently it was unknown as to when Additionally the vessel, the S.S. CAPE

plaintiff was to return.

JACOB, where the injury occurred is permanently stationed in the far east at various ports. Although bother parties have worked together to complete

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discovery the main issue is in attempting to locate shipboard
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witnesses at the time of the incident.

To date plaintiff's

deposition has been completed as well as significant written discovery. However, both parties have been unable to locate the

crewmembers that were aboard the S.S. CAPE JACOB when plaintiff
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sustained his injury.
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Additionally, plaintiff has been informed that the S.S. CAPE JACOB is an active duty military contracted vessel, and as such, plaintiff is not permitted to board and inspect the cargo

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holds where the injury occurred. ammunition and are off-limits.

The cargo holds contain Subsequently plaintiff and

defendant have been attempting to secure a "sister ship" of the
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S.S. CAPE JACOB in question in order to conduct an examination of "a like" cargo hold. unsuccessful. Despite the above issues both parties feel that this requested extension will be necessary so that a meaningful These attempts thus far have been

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mediation can take place.

The parties have agreed to

participate in private mediation, and a private mediator has been selected. Currently the mediation deadline is set for July

16, 2010, however without depositions of crewmembers who were aboard the CAPE JACOB at the time of injury mediation before

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July 16 will not be fruitful.
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It is anticipated that these

depositions will identify the cargo hold configuration, including descriptions of the ladder from which plaintiff fell. Court assigned mediator, Mark Penskar, has been contracted and agrees with extending the mediation date as well as allowing

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the parties to engage in private mediation.
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Dated:
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July 6, 2010

LAW OFFICES OF LYLE C. CAVIN, JR.

By:

/s/ Christopher W. Goodroe Attorneys for Plaintiff Dale Gibson

Dated:

July 6, 2010

UNITED STATES OF AMERICA

By:
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/s/ R. Scott Blaze Attorney for Defendant United States of America

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ORDER OF THE COURT

GOOD CAUSE having been shown, the mediation deadline in this case is to be extended 90-days. The new trial date is

February 1, 2010 and the new mediation deadline is set for October 16, 2010. The issue of whether the trial date should be continued, and, if so, to what date, will be addressed at the August 6, 2010 Status Conference. Dated: July 12, 2010 _________________ _______________________________ /s/ Vaughn R Walker for MAXINE M. CHESNEY FEDERAL DISTRICT COURT JUDGE