Holzhauer v. Rhoades
Filing
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STIPULATION AND ORDER re 24 STIPULATION WITH PROPOSED ORDER Extending Time to Add Party filed by Mary Holzhauer. Signed by Judge Jon S. Tigar on February 28, 2014. (wsn, COURT STAFF) (Filed on 2/28/2014)
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BRODSKY MICKLOW BULL & WEISS LLP
Edward M. Bull III, State Bar No. 141996
Kurt Micklow, State Bar No. 113974
384 Embarcadero West, Suite 200
Oakland, California 94607
Telephone: (510) 268-6180
Facsimile: (510) 268-6181
Attorneys for Plaintiff MARY HOLZHAUER,
Individually and as the Personal Representative of
HARRY HOLZHAUER (DECEASED)
Rex M. Clack, Esq. (SBN 59237)
David E. Russo, Esq. (SBN 112023)
STERLING & CLACK
A Professional Corporation
601 Van Ness Avenue, Suite 2018
San Francisco, California 94102
Telephone: (415) 543-5300
Facsimile: (415) 543-3335
Attorneys for Defendant
GOLDEN GATE BRIDGE, HIGHWAY &
TRANSPORTATION DISTRICT
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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MARY HOLZHAUER, Individually
and as the Personal Representative of
HARRY HOLZHAUER, DECEASED,
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Plaintiff,
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v.
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DAVID P. RHOADES, an Individual, GOLDEN
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GATE BRIDGE HIGHWAY AND
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TRANSPORTATION DISTRICT, a governmental )
entity, and and DOES 1-10, Inclusive,
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Defendants.
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__________________________________________ )
Case No. 3:13-cv-02862 - JST
STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME TO ADD
PARTY
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STIPULATION & ORDER EXTENDING TIME TO ADD PARTY
CASE NO. 3:13-cv-02862 - JST
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Plaintiff MARY HOLZHAUER, Individually and as the Personal Representative of HARRY
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HOLZHAUER (DECEASED) (“Plaintiff”), Defendant GOLDEN GATE BRIDGE, HIGHWAY &
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TRANSPORTATION DISTRICT (the “District’), and former Defendant David P. Rhoades
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(“Rhoades”), respectfully submit the following stipulation and proposed order to allow additional
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time to add Rhoades as a defendant herein as follows:
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WHEREAS Rhoades was originally named as a defendant herein before the District was
named and appeared herein; and
WHEREAS Plaintiff voluntarily dismissed Rhoades from this action (without prejudice) on
October 24, 2013; and
WHEREAS the parties advised that Court in their Joint Case Management Conference
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Statement (Doc. No. 19) that in regard to Amendment of Pleadings, no new parties or amended
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pleadings were currently anticipated by the parties other than the fact that depending on the results
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of preliminary discovery (including the deposition of Mr. Rhoades) and the completion of the Coast
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Guard investigation, Plaintiff might need to re-name Rhoades as a party to the action; and
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WHEREAS the Court in its Scheduling Order (Doc. No. 20) set the last day to add parties or
amend pleading for February 28, 2014; and
WHEREAS the Court also set other dates, including discovery cut-off for July 3, 2014,
dispositive motions for September 26, 2014, and trial for January 5, 2015; and
WHEREAS the parties and Rhoades are cooperating to complete the deposition of Rhoades
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and other key witnesses with personal knowledge of the cause of the accident, and are exchanging
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documents and other evidence, as of this date Mr. Rhoades has not been deposed, the Coast Guard
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has not issued its report, and Plaintiff does not have sufficient information available to allow the
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Court’s deadline to pass and not file her claim against Rhoades; and
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WHEREAS Plaintiff believes that the on-going investigation and the deposition of Rhoades
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may result in a decision not to name him again in this action, or may lead to some other resolution of
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any such claims against Rhoades (which she contends are subject to the uniform three year of statute
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limitations applicable to maritime torts); and
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2
STIPULATION & ORDER EXTENDING TIME TO ADD PARTY
CASE NO. 3:13-cv-02862 - JST
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WHEREAS if Plaintiff is required, out of an abundance of caution, to name Rhoades
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at this time, she would not thereafter be able to dismiss that claim without prejudice (under
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the two dismissal rule);
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WHEREAS Rhoades not only does not want to be named herein as a defendant, but he
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does not want to file claims against Plaintiff or the District, however if he is brought into the
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case at this time he would have no choice but to attempt to assert such additional claims
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herein; and
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WHEREAS the parties and Rhoades agree that all limitation periods will be tolled as
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of the date of this Stipulation and that in the event that Rhoades is brought into the case at a
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later date, his counter and or cross-claims will be only subject to limitation periods that
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expired before February 27, 2014; and
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WHEREAS Rhoades is agreeable to, and indeed requests, that this deadline be
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extended, and he agrees to maintain all current deadlines and dates set by the Court so long
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as he is given notice of the intent to re-name him herein by April 28, 2014; and
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WHEREAS Rhoades agrees that the Plaintiff’s complaint can be re-served on his
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counsel by that date, and that he will thereafter file his response within twenty days
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thereafter:
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WHEREFORE the parties and Rhoades submit that good cause exists to extend this,
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and only this deadline, and respectfully STIPULATE and request that the Court order that the
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Plaintiff be given until April 28, 2014 to re-serve Rhoades (via his counsel) and file a proof
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of service with the Court.
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SO STIPULATED.
DATED: February 27, 2014
BRODSKY MICKLOW BULL & WEISS LLP
By:
/s/ Edward M. Bull III
Edward M. Bull III
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Attorneys for Plaintiff MARY HOLZHAUER,
Individually and as the Personal Representative of
HARRY HOLZHAUER (DECEASED)
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STIPULATION & ORDER EXTENDING TIME TO ADD PARTY
CASE NO. 3:13-cv-02862 - JST
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DATED: February 27, 2014
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STERLING & CLACK
By:
/s/ David E. Russo
David E. Russo
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Attorneys for Defendant
GOLDEN GATE BRIDGE, HIGHWAY &
TRANSPORTATION DISTRICT
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DATED: February 27, 2014
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KEESAL, YOUNG & LOGAN
By:
/s/ John D. Giffin
John D. Giffin
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Attorneys for Defendant
David P. Rhoades
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ORDER
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1.
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file a proof of service with the Court;
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This is the only deadline to be extended, and any other amendment or addition of any
party shall be due on February 28, 2014 as previously ordered; and
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Plaintiff’s complaint can be re-served on counsel for Rhoades by April 28, 2014,
and Rhoades will thereafter file his response within twenty days thereafter.
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IT IS SO ORDERED.
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_________________________________
RDERE
DATED: February 28, 2014
O
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UNITED STATES DISTRICT JUDGE
IT IS S
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NO
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ER
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n
J u d ge J o
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STIPULATION & ORDER EXTENDING TIME TO ADD PARTY
R NIA
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S . Ti ga r
FO
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Plaintiff is given until April 28, 2014 to re-serve Rhoades (via his counsel) and to
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Given the stipulation of the parties and Rhoades, and good cause appearing to support
the extension sought, IT IS HEREBY ORDERED that:
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F
D IS T IC T O
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CASE NO. 3:13-cv-02862 - JST
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