Bradford Island Reclamation District No. 2059 v. M/V Pearl Bridge (ex Tasman Resolution). IMO No. 871918 et al

Filing 41

STIPULATION AND ORDER re 40 to Extend the Certification Deadline in Conditional Dismissal Order filed by Bradford Island Reclamation District No. 2059. Signed by Judge Edward M. Chen on 6/28/12. (bpf, COURT STAFF) (Filed on 6/28/2012)

1 SHEPPARD MULLIN RICHTER & HAMPTON LLP
A Limited Liability Partnership
2
Including Professional Corporations
CHARLES S. DONOVAN, Cal. Bar No. 103667
3 [e-mail]
BRIAN R. BLACKMAN, Cal. Bar No. 196996
4 [e-mail]
Four Embarcadero Center, 17th Floor
5 San Francisco, California 94111-4109
Telephone: [phone]
6 Facsimile: 415-434-3947
7 CARR & FERRELL LLP
James W. Lucey, Cal. Bar No. 160808
8 [e-mail]
120 Constitution Drive
9 Menlo Park, California 94025
Telephone: [phone]
10 Facsimile: 650-812-3444
11 Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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15 BRADFORD ISLAND RECLAMATION
DISTRICT NO. 2059, by its trustees,
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Plaintiff,
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v.
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M/V PEARL BRIDGE (ex TASMAN
19 RESOLUTION). IMO No. 871918, in rem,
KRISTEN MARINE S.A., in personam,
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Defendants.
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Case No. C 10-05980 EMC
STIPULATION AND [Proposed]
ORDER EXTENDING
CERTIFICATION DEADLINE IN
CONDITIONAL DISMISSAL ORDER
The Hon. Edward M. Chen

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CASE NO. C 10-05980 EMC

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STIP. & ORDER EXTENDING CERTIFICATION
DEADLINE IN CONDITIONAL DISMISSAL ORDER

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Plaintiff Bradford Island Reclamation District No. 2059 (the "District") and

2 defendants Kristen Marine, S.A. and M/V PEARL BRIDGE (ex TASMAN
3 RESOLUTION). IMO No. 871918, (collectively "Defendants"), by and through their
4 counsel, stipulate:
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1.

The District filed its Verified Complaint In Admiralty on December 30,

6 2010, alleging defendant vessel struck and damaged the Bradford Island levee.
7 (Dkt. No. 1.)
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2.

Defendants answered the Complaint on March 15, 2011 and March 22, 2011,

9 alleging various defenses. (Dkt. Nos. 6 and 8.)
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3.

Following a Settlement Conference before Magistrate Judge Joseph C.

11 Spero, the parties agree to settle the action and filed a notice of settlement with the Court
12 on April 3, 2012. (Dkt. No. 37.)
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4.

On April 6, 2012, the Court entered an order conditionally dismissing the

14 action, unless a party certified to the Court, with a proof of service of a copy on opposing
15 counsel, within 90-days, that the agreed consideration for the settlement had not been
16 delivered. (Dkt. No. 39.) The ninety-day deadline expires on July 5, 2012.
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5.

The parties are still in the process of concluding their settlement. The

18 process has taken longer than expected due to the cancellation of the District's June 2012
19 Board of Directors meeting where the Settlement Agreement was to be presented for
20 approval and execution. The Board meeting has been rescheduled for July 3, 2012, which
21 will not leave sufficient time to circulate a fully executed agreement and transfer the
22 settlement consideration prior to the certification deadline set forth in the Court conditional
23 dismissal order.
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6.

The parties respectfully request the Court extend the certification deadline

25 set forth in its conditional dismissal order (Dkt. No. 39) by two weeks to July 19, 2012 to
26 give the parties time to complete their settlement.
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IT IS SO STIPULATED.

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CASE NO. C 10-05980 EMC

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STIP. & ORDER EXTENDING CERTIFICATION
DEADLINE IN CONDITIONAL DISMISSAL ORDER

1 Date: June 27, 2012
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SHEPPARD MULLIN RICHTER & HAMPTON LLP

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By

/s/ Brian R. Blackman
CHARLES S. DONOVAN
BRIAN R. BLACKMAN
Attorneys for Plaintiff

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Dated: June 27, 2012
KEESAL YOUNG & LOGAN LLP

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By

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/s/ John D. Giffin
JOHN D. GIFFIN
JOHN COX
Attorneys for Defendants

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ORDER

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Having considered the parties' stipulation and good cause appearing, the Court

15 ORDERS THAT if any party certifies to this Court, with a proof of service of a copy on
16 opposing counsel, on or before July 19, 2012, that the agreed consideration for the parties'
17 settlement has not been delivered, then the Court's dismissal Order dated April 6, 2012
18 shall stand vacated, and the action shall be restored to the calendar to be set for trial.
IT IS SO ORDERED.

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20 Dated: July __, 2012 June 28, 2012

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EDWARD M. CHEN
United States District Judge hen
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CASE NO. C 10-05980 EMC

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STIP. & ORDER EXTENDING CERTIFICATION
DEADLINE IN CONDITIONAL DISMISSAL ORDER

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CERTIFICATION
I, Brian Blackman, am the ECF User whose identification and password are being

3 used to file this Stipulation and [Proposed] Order Extending Certification Deadline In
4 Conditional Dismissal Order. In compliance with General Order 45.X.B., I hereby attest
5 that John D. Giffin concurs in this filing.
6 Dated: June 27, 2012

SHEPPARD MULLIN RICHTER & HAMPTON LLP

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By

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/s/ Brian R. Blackman_____________________
BRIAN R. BLACKMAN
Attorney for Plaintiff

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CASE NO. C 10-05980 EMC

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STIP. & ORDER EXTENDING CERTIFICATION
DEADLINE IN CONDITIONAL DISMISSAL ORDER