Monassar v. Horizon Lines, LLC

Filing 15

STIPULATION AND ORDER re 13 Stipulation for Order Regarding Certain Pretrial Dates filed by Mahmood Monassar. Signed by Judge Elizabeth D Laporte on 7/18/2012. (kns, COURT STAFF) (Filed on 7/19/2012)

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BERSCHLER ASSOCIATES, PC
Arnold I. Berschler, SBN# 56557
22 Battery Street, Suite 810
San Francisco, CA 94111
Telephone [phone]

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Attorneys for MAHMOOD MONASSAR

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Eric Danoff, Esq. (State Bar #60915)
EMARD DANOFF PORT TAMULSKI & PAETZOLD LLP
49 Stevenson Street, Suite 400
San Francisco, CA 94105
Telephone: [phone]

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Attorneys for Defendant HORIZON LINES, LLC.

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
MAHMOOD MONASSAR ,

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Plaintiff,
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v.
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HORIZON LINES, LLC.,
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Defendants.
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__________________________________ )

Civil No. CV 11-04043 EDL
STIPULATION FOR ORDER
REGARDING CERTAIN PRETRIAL
DATES ; ORDER

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Plaintiff Mahmood Monassar and Defendant Horizon Lines, LLC., pursuant to the parties’

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respective counsels’ representations made to the Honorable Court in the Case Management

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Conference held on July 17, 2012, and the Court’s order arising therefrom, now recite and stipulate

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as follows and pray the Court issues its Minute Order upon the below-numbered points:
RECITALS

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WHEREAS, this action is one for alleged personal injury damages by a seaman pursuant to
the Jones Act, 46 U.S.C. §30104, and general maritime law; and

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WHEREAS, Plaintiff’s counsel now represents that the treating physician, Dimitri

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Kondrashov, M.D., has prescribed further injection therapy and there appears to be a probability that
STIPULATION FOR ORDER REGARDING CERTAIN PRETRIAL DATES
[trialarb\Pretrial dates.stip..wpd]

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CV 11-04043 EDL

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this doctor will not provide to Plaintiff counsel an opinion on either duty status and or a prognosis

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in sufficient time for the parties both to be able to mediate by July 17, 2012 and to understand

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whether to prepare the parties’ respective evidence for allegations that Plaintiff can never return to

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seafaring; and

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WHEREAS, the parties appear to be in a position to complete non-expert discovery and to
complete liability-based expert discovery within the dates previously Ordered;
STIPULATION

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NOW, THEREFORE, the Plaintiff and the Defendant, through their respective attorneys,
who are authorized to stipulate, request this Honorable Court issue its Minute Order that:

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1.

The parties shall have until and including October 31, 2012 to complete mediation.

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2.

The parties shall disclose experts on the issues of alleged medical and/or damages issues on

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October 1, 2012.

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3.

The parties shall complete discovery of experts on all issues by November 2, 2012.

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4.

The dates for all other discovery remains as previously ordered; viz.: Non-expert by July 31,

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2012, disclose liability experts by August 14, 2012, disclose rebuttal liability experts by

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August 28, 2012.

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SO STIPULATED,

DATED: July 17, 2012

DATED: July 17, 2012

BERSCHLER ASSOCIATES, PC

EMARD DANOFF PORT TAMULSKI &
PAETZOLD LLP

/s/ Arnold I. Berschler
______________________________
Arnold I. Berschler, attorney for
MAHMOOD MONASSAR

/s/ Eric Danoff
________________________________
Eric Danoff, Attorneys for
HORIZON LINES, LLC

5. All other dates, including the September 18 deadline for hearing dispositive motions, the December
11 pretrial conference, and the January 7, 2013 trial date, remain unchanged.
S DISTRIC

Date: July 18, 2012

UNIT
ED

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S

IT IS SO ORDERED.

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[trialarb\Pretrial dates.stip..wpd]

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NO

STIPULATION FOR ORDER REGARDING CERTAIN PRETRIAL DATES

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CV e Eli04043 EDL
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SO STIPULATED,

FO

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