Jewell v. Polar Tankers Inc. et al

Filing 35

ORDER CONTINUING DEADLINES FOR FILING AND SERVICE OF JOINT PRETRIAL STATEMENT re 34 Stipulation filed by Polar Tankers Inc. Signed by Judge James Larson on 6/14/10. (jlsec, COURT STAFF) (Filed on 6/14/2010)

Case3:09-cv-01669-JL Document34

Filed06/09/10 Page1 of 3

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

COX, WOOTTON, GRIFFIN, HANSEN & POULOS, LLP Terence S. Cox (SBN 076142) Max L. Kelley (SBN 204943) 190 The Embarcadero San Francisco, CA 94105 Telephone No.: 415-438-4600 Facsimile No.: 415-438-4601 Attorneys for Defendants POLAR TANKERS, INC. and CONOCOPHILLIPS CO. Lyle C. Cavin, Jr. (SBN 44958) LAW OFFICES OF LYLE C. CAVIN, JR. 201 Fourth Street, Suite 102 Oakland, CA 94607 [phone] Attorneys for Plaintiff DAVID JEWELL UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) Plaintiff, ) ) v. ) ) ) POLAR TANKERS, INC., ) CONOCOPHILLIPS COMPANY and ) Does One through Ten, Inclusive ) ) ) Defendants. ___________________________________ ) DAVID JEWELL Case No.: CV 09-01669 JL STIPULATION TO CONTINUE DEADLINE FOR FILING AND SERVICE OF JOINT PRETRIAL STATEMENT AND [PROPOSED] ORDER THEREON

STIPULATION IT IS HEREBY STIPULATED by the parties to this action by and through their respective counsel that good cause exists to continue the deadline for filing and serving of their Joint Pretrial Statement by approximately 18 days in the interests of justice and judicial economy, based upon the following: /// -1STIPULATION TO CONTINUE DEADLINE TO FILE AND SERVE JOINT PRETRIAL STATEMENT Case No. CV 09-01669 JL

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CONOCO.Jewell

Case3:09-cv-01669-JL Document34

Filed06/09/10 Page2 of 3

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

(1)

This is a maritime personal injury action arising out the plaintiff's slip-and-fall while he was working aboard the defendants' vessel in December 2008. The plaintiff has alleged causes of action for Jones Act negligence, unseaworthiness, and maintenance and cure, and that the defendants are responsible for his alleged resulting damages. The defendants deny they are responsible for the damages.

(2) (3) (4)

Trial is scheduled for July 19, 2010; Mediation is scheduled for June 23, 2010; On February 10, 2010, counsel for the parties attended a Case Management Conference during which pre-trial deadlines were set by the Court, including June 10, 2010, as the deadline for filing and serving the parties' Joint Pretrial Statement;

(5)

The parties have been diligent in conducting discovery to date and have essentially completed lay discovery. The parties have timely completed their expert disclosures as required by the Case Management and Pretrial Order and are currently in the process of taking expert depositions;

(6)

In light of the on-going expert discovery (depositions) and the parties' good faith belief that this case has a reasonable chance of settling at the upcoming mediation on June 23, 2010, and in the interest of judicial economy, it makes sense to continue the deadline to file and serve the parties' Joint Pretrial Statement until after the mediation;

(7)

The parties therefore agree that the deadline for filing and serving the parties' Joint Pretrial Statement shall be continued from June 10, 2010 to June 28, 2010, and without the need to continue any other deadlines, including the trial date.

(8)

The expert disclosure date was previously continued from March 12, 2010 to May 21, 2010, and the trial date was previously continued from April 26, 2010 to July 19, 2010. The parties do not anticipate any further continuances of the trial or pretrial dates.

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Based upon the above, counsel for the parties submit that good cause exists in the interest of justice and judicial economy to grant the request. -2Case No. CV 09-01669 JL

CONOCO.Jewell

STIPULATION TO CONTINUE DEADLINE TO FILE AND SERVE JOINT PRETRIAL STATEMENT

Case3:09-cv-01669-JL Document34

Filed06/09/10 Page3 of 3

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

CONCLUSION Based upon the above, the parties respectfully request that the Court continue the deadline for the filing and service of their Joint Pretrial Statement until June 28, 2010. Respectfully Submitted, Dated: June 9, 2010 LAW OFFICES OF LYLE C. CAVIN, JR. Attorneys for Plaintiff DAVID JEWELL By: _____/S/ _____________ Lyle C. Cavin, Jr. Dated: June 9, 2010 COX, WOOTTON, GRIFFIN, HANSEN & POULOS, LLP Attorneys for Defendants POLAR TANKERS, INC. and CONOCOPHILLIPS COMPANY By: ___/S/ ____________ Max L. Kelley [PROPOSED] ORDER PURSUANT TO STIPULATION IT IS HEREBY ORDERED THAT the deadline for filing and serving of the parties' Joint Pretrial Statement is continued from June 10, 2010 to June 28, 2010. IT IS SO ORDERED.

June 14 Date: ____________________, 2010

By: ________________________________ Magistrate James Larson United States District Court

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CONOCO.Jewell

-3STIPULATION TO CONTINUE DEADLINE TO FILE AND SERVE JOINT PRETRIAL STATEMENT

Case No. CV 09-01669 JL