Richard Johnson et al v. Puget Sound Commerce Center Inc et al

Filing 28

STIPULATION AND ORDER re 27 STIPULATION WITH PROPOSED ORDER RE: VACATING DEADLINES AND TRIAL DATE DUE TO PLAINTIFF RICHARD JOHNSONS DEATH, AND MAINTAINING FEBRUARY 4, 2016, FURTHER CASE MANAGEMENT CONFERENCE filed by Richard Johnson. Case Management Statement due by 2/2/2016. Further Case Management Conference reset from 2/4/2016 to 2/9/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen.(bpf, COURT STAFF) (Filed on 1/5/2016)

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ALAN R. BRAYTON, ESQ., S.B. #73685
DAVID R. DONADIO, ESQ., S.B. #154436
KIMBERLY J. CHU, ESQ., S.B. #206817
Email: [e-mail]
BRAYTON˜PURCELL LLP
Attorneys at Law
222 Rush Landing Road
P.O. Box 6169
Novato, California 94948-6169
[phone]
[phone] (Facsimile)

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

ATTORNEYS AT LAW
222 RUSH LANDING ROAD
P O BOX 6169
NOVATO, CALIFORNIA 94948-6169
[phone]

BRAYTON˜PURCELL LLP

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RICHARD JOHNSON and
MARCELLA JOHNSON,

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Plaintiffs,
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vs.
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PUGET SOUND COMMERCE CENTER, )
INC. (FKA TODD SHIPYARDS
)
CORPORATION), et al.,
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Defendants.
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No. 3:15-cv-02664-EMC
STIPULATION AND PROPOSED ORDER
RE: VACATING DEADLINES AND
TRIAL DATE DUE TO PLAINTIFF
RICHARD JOHNSON’S DEATH, AND
MAINTAINING FEBRUARY 4, 2016,
FURTHER CASE MANAGEMENT
CONFERENCE

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Former plaintiff, RICHARD JOHNSON, recently passed away on November 22, 2015.
A suggestion of death was filed on December 17, 2015. Doc. 26

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Mr. JOHNSON’s Successor-in-Interest now needs to be appointed to pursue survival

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claims. Counsel is in the process of obtaining the requisite declarations/affidavits from Mrs.

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JOHNSON regarding her status as decedent’s Successor-in-Interest but she needs additional

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time.

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The complaint will also need to be amended to include wrongful death claims, and

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additional discovery will need to be conducted related to the wrongful death claims. In

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particular, additional time is required for an autopsy, a procedure that takes several weeks to

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complete, and to obtain medical records up to and including Mr. JOHNSON’s passing. Counsel
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K:\Injured\121343\FED\PLD\stip-vacate deadlines and maintain cmc due to client passing.wpd

STIPULATION AND PROPOSED ORDER RE: VACATING DEADLINES AND TRIAL DATE DUE TO
PLAINTIFF RICHARD JOHNSON’S DEATH, AND MAINTAINING FEBRUARY 4, 2016, FURTHER CASE
MANAGEMENT CONFERENCE

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is in the process of obtaining the requisite authorizations from Mr. JOHNSON’s family but,

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again, the family needs time. Defendants will also want to take depositions of Mr. JOHNSON’s

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heirs once the case is amended for wrongful death.

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Further, it is likely that at least one new defendant will be added to the case once the case
is amended for wrongful death.
Parties estimate they will need at least four additional months for discovery beyond the

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current discovery deadline. However, parties are reluctant to propose an alternative schedule

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until the case is amended and any new defendants are served.

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The current fact discovery deadline is January 4, 2016.

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A Further Case Management Conference is set for February 4, 2016.

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Trial is set for July 11, 2016.

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Based on the above, good cause exists to vacate the current case schedule and trial date

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set forth in the Case Management and Pretrial Order for Jury Trial, Doc. 25. The Further Case

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Management Conference set for February 4, 2016, at 10:30 a.m., should remain on calendar.

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Accordingly, plaintiff MARCELLA JOHNSON and defendants PUGET SOUND

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COMMERCE CENTER, INC. (fka TODD SHIPYARDS CORPORATION) and GEORGIA-

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PACIFIC LLC have stipulated and agreed that the current case schedule and trial date set forth in

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the Case Management and Pretrial Order for Jury Trial, Doc. 25, should be vacated and the

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Further Case Management Conference set for February 4, 2016, should remain on calendar.

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IT IS SO STIPULATED.

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BRAYTON˜PURCELL LLP

Dated: December 30, 2015

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By: /s/ Kimberly J. Chu
Kimberly J. Chu, Esq.,
Email: [e-mail]
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs

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K:\Injured\121343\FED\PLD\stip-vacate deadlines and maintain cmc due to client passing.wpd

STIPULATION AND PROPOSED ORDER RE: VACATING DEADLINES AND TRIAL DATE DUE TO
PLAINTIFF RICHARD JOHNSON’S DEATH, AND MAINTAINING FEBRUARY 4, 2016, FURTHER CASE
MANAGEMENT CONFERENCE

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Dated:

December 30, 2015

YARON & ASSOCIATES

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By: /s/ D. David Steele
D. David Steele, Esq.,
Email: [e-mail]
415-658-2929
415-658-2930 (Facsimile)
Attorneys for Defendant Puget Sound
Commerce Center, Inc.
(fka Todd Shipyards Corporation)

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Dated:

PERKINS COIE LLP

December 30, 2015

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By: /s/ Eric Sentlinger
Eric Sentlinger, Esq.
Email: [e-mail]
415-344-7000
415-344-7050 (Facsimile)
Attorneys for Defendant
Georgia-Pacific LLC
(fka Georgia-Pacific Corporation

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K:\Injured\121343\FED\PLD\stip-vacate deadlines and maintain cmc due to client passing.wpd

STIPULATION AND PROPOSED ORDER RE: VACATING DEADLINES AND TRIAL DATE DUE TO
PLAINTIFF RICHARD JOHNSON’S DEATH, AND MAINTAINING FEBRUARY 4, 2016, FURTHER CASE
MANAGEMENT CONFERENCE

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ORDER
For good cause shown, IT IS SO ORDERED that the current case schedule and trial date

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set forth in the Case Management and Pretrial Order for Jury Trial, Doc. 25, is vacated. The

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Further Case Management Conference set for February 4, 2016, at 10:30 a.m., will remain on

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calendar.

Dated: __________________

ER

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R NIA

dward
Judge E

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M. Che

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NO

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IT IS
IFIED
S MOD
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Honorable Edward Chen D
United States ORDERE Judge
SO District Court

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UNIT
ED

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S DISTRICT
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An updated joint CMC Statement

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is rescheduled February 9, 2016 at 10:30 a.m.
shall be filed by February 2, 2016.
January 5, 2016

N

D IS T IC T
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OF

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K:\Injured\121343\FED\PLD\stip-vacate deadlines and maintain cmc due to client passing.wpd

STIPULATION AND PROPOSED ORDER RE: VACATING DEADLINES AND TRIAL DATE DUE TO
PLAINTIFF RICHARD JOHNSON’S DEATH, AND MAINTAINING FEBRUARY 4, 2016, FURTHER CASE
MANAGEMENT CONFERENCE