McCamy v. Matson Navigation Company et al

Filing 6

ORDER re 5 Case Management Statement filed by Curtis McCamy. Signed by Magistrate Judge Maria-Elena James on 4/16/2015. (rmm2S, COURT STAFF) (Filed on 4/16/2015)

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BRODSKY MICKLOW BULL & WEISS LLP
Edward M. Bull III, State Bar No. 141966
Kurt Micklow, State Bar No. 113974
1070 Marina Village Parkway, Suite 200
Alameda CA 94501
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Plaintiff
CURTIS McCAMY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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11 CURTIS McCAMY,
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Plaintiff,

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14 MATSON NAVIGATION COMPANY
and DOES 1-5, in personam, and S/S
15 LURLINE, her engines, tackle, apparel,
furniture, and appurtenances, in rem;
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Defendants.
18 ___________________________________
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CASE NO. C-15-00250 MEJ
REQUEST FOR CONTINUANCE OF
INITIAL CASE MANAGEMENT
CONFERENCE AND PROPOSED
ORDER THEREON

Plaintiff CURTIS McCAMY (“Plaintiff”) hereby submits his Request for

20 Continuance of Initial Case Management Conference and Proposed Order Thereon as
21 follows:
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RECITALS AND MOTION

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WHEREAS Plaintiff is a merchant seaman and has, since his accident aboard the
vessel operated by Defendant Matson Navigation Company (“Matson”), returned to work,
including aboard vessels operated by Matson; and
WHEREAS Plaintiff and Matson were in the process of discussing settlement prior

28 to the filing of the present action, but were not able to resolve Plaintiff’s claim prior to the

REQUEST FOR CONTINUANCE OF INITIAL CM C -1-

CASE NO. C-15-00250 MEJ

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running of the statute of limitation, thus necessitating the filing of the present action; and
WHEREAS Counsel for Plaintiff and in-house claims representatives for Matson

3 are continuing settlement discussions and it is hoped that the matter will be resolved
4 without the need to serve the complaint (which will require Matson to retain counsel); and
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WHEREAS Plaintiff believes that the case has a very good chance of being

6 resolved within the next thirty (30) days; and
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WHEREAS Plaintiff will serve the summons and complaint (and related orders) if

8 the claim is not resolved within twenty-one (21) days; and
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WHEREAS the current deadline for the filing of a Joint Case Management
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Statement (and Rule 26(f) Report) is April 16, 2015; and
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WHEREAS the Initial Case Management Conference is currently set on April 23,
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2015:
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WHEREFORE Plaintiff respectfully requests that the filing of the Joint Case

15 Management Statement (and Rule 26(f) Report) and the Initial Case Management
16 Conference, be continued for forty-five (45) days.
17 DATED: April 15, 2015
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Respectfully submitted,

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BRODSKY MICKLOW BULL & WEISS LLP

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By: /S/ Edward M. Bull III
Edward M. Bull III
Attorneys for Plaintiff
CURTIS McCAMY

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REQUEST FOR CONTINUANCE OF INITIAL CM C -2-

CASE NO. C-15-00250 MEJ

[PROPOSED] ORDER

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Having reviewed the Request for Continuance of Initial Case Management

3 Conference and Proposed Order Thereon, and finding that good cause exists to grant the
4 relief requested, IT IS HEREBY ORDERED THAT:
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The current Initial Case Management Conference date is hereby VACATED and

6 reset for
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June 25

, 2015.

A Joint Case Management Statement (and Rule 26(f) Report) are to be filed no later

8 than _______________________________________________.
June 18, 2015
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DATED: April ____, 2015

By:
Hon. Maria-Elena James
Magistrate Judge

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REQUEST FOR CONTINUANCE OF INITIAL CM C -3-

CASE NO. C-15-00250 MEJ