Zurich American Insurance Company et al v. Guam Industrial Services, Inc. et al

Filing 21

ORDER VACATING CMC AND RELATED DEADLINES. Signed by Judge Maria-Elena James on 7/6/2011. (cdnS, COURT STAFF) (Filed on 7/6/2011)

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Marilyn Raia, SBN 072320
E-Mail: [e-mail]
Andrew B. Downs, SBN 111435
E-Mail: [e-mail]
BULLIVANT HOUSER BAILEY PC
601 California Street, Suite 1800
San Francisco, California 94108
Telephone: [phone]
Facsimile: 415.352.2701
Attorneys for Plaintiffs Zurich American
Insurance Company, Starr Indemnity &
Liability Company

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ZURICH AMERICAN INSURANCE
12 COMPANY, a corporation; STARR
INDEMNITY & LIABILITY COMPANY, a
13 corporation,
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Case No.: CV 11 1874 MEJ

Plaintiffs,
vs.

16 GUAM INDUSTRIAL SERVICES, INC., dba
GUAM SHIPYARD; MATHEWS POTHEN;
17 THE UNITED STATES OF AMERICA, by
and through the Secretary of Transportation for
18 the Maritime Administration,
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STIPULATION AND REQUEST TO
VACATE CASE MANAGEMENT
CONFERENCE, DISCLOSURE AND
ADR DEADLINES PENDING
DETERMINATION OF MOTION TO
DISMISS OR TRANSFER; [PROPOSED]
ORDER

Defendants.

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Plaintiffs Zurich American Insurance Company and Starr Indemnity & Liability

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Company and defendants Guam Industrial Services, Inc., Mathews Pothen and the United States

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of America stipulate and request as follows:

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1.

A Case Management Conference is set for July 28, 2011 (Docket #3).

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2.

In conjunction with the Case Management Conference, the parties are required to

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meet and confer and to complete Initial Disclosures pursuant to F.R.Civ.P. 26 by July 21, 2011.

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The parties are also required to submit ADR Certifications by July 7, 2011. (Docket #3).

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STIPULATION AND REQUEST TO VACATE CASE MANAGEMENT CONFERENCE; [PROPOSED]
ORDER - CV 11 1874 MEJ

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3.

On June 29, 2011, defendants Guam Industrial Services, Inc. and Mathews

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Pothen filed a motion to dismiss this action on the ground that the court lacks personal

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jurisdiction over them, and in the alternative to transfer this action pursuant to 28 U.S.C. § 1404

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to the United States District Court for the District of Guam. That motion is set for hearing on

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August 4, 2011. (Docket #10). Plaintiffs have requested limited discovery on the jurisdictional

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issues. That request is under consideration by defendants. If that discovery is agreed to by

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defendants, or ordered by the court, a continuance of the August 4 hearing date will be

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necessary.

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4.

The parties believe the jurisdictional and venue issues should be resolved before

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the case management process and before initial disclosures occur. Accordingly, they request

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that the court vacate the July 28, 2011 Case Management Conference and set a new Case

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Management Conference date and associated deadlines, if necessary, following a ruling on the

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motion to dismiss or transfer.

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DATED: July 5, 2011

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BULLIVANT HOUSER BAILEY PC

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By /s/ Andrew B. Downs
Marilyn Raia
Andrew B. Downs

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Attorneys for Plaintiffs Zurich American Insurance
Company, Starr Indemnity & Liability Company

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DATED: July 5, 2011
EMARD DANOFF PORT TAMULSKI &
PAETZOLD LLP

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By /s/ Eric Danoff (by e-mail authorization)
Eric Danoff
Attorneys for Defendants Guam Industrial
Services, Inc. and Mathews Pothen

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STIPULATION AND REQUEST TO VACATE CASE MANAGEMENT CONFERENCE; [PROPOSED]
ORDER - CV 11 1874 MEJ

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DATED: July 5, 2011

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TONY WEST
Assistant Attorney General
MELINDA L. HAAG
United States Attorney
R. MICHAEL UNDERHILL
Attorney in Charge, West Coast Office
Torts Branch, Civil Division

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By /s/ R. Scott Blaze (by e-mail authorization)
R. SCOTT BLAZE
Senior Admiralty Counsel
Torts Branch, Civil Division
U.S. Department of Justice

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Attorneys for Defendant United States of America

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ORDER

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The Court finds there is good cause to vacate the Case Management Conference and

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associated deadlines set in its Order of April 19, 2011 (Docket #3) pending resolution of the

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motion to dismiss or transfer this action filed by defendants Guam Industrial Services, Inc. and

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Mathews Pothen (Docket #10), accordingly,

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IT IS HEREBY ORDERED that the Case Management Conference set for July 28, 2011

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is VACATED. The Court will set a new Case Management Conference if necessary following

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its ruling on the motion to dismiss or transfer this action. All other deadlines set by the April

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19, 2011 Order are also vacated.
July 6, 2011
DATED:

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Chief United States Magistrate Judge

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13438260.1

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STIPULATION AND REQUEST TO VACATE CASE MANAGEMENT CONFERENCE; [PROPOSED]
ORDER - CV 11 1874 MEJ