Men Nguyen v. David Tibbles et al

Filing 41

STIPULATION AND ORDER re 40 STIPULATION WITH PROPOSED ORDER CONTINUING TRIAL DATE AND ASSOCIATED DEADLINES filed by Men Nguyen. Fact discovery cut-off 4/1/2018. Expert disclosures 4/15/2018. Expert rebuttal 5/2/2018. Expert disco very cut-off 5/30/2018. Deadline to file dispositive motions 6/7/2018. Pretrial conference statement due 8/20/2018. Final Pretrial Conference set for 8/31/2018 at 2:00 PM in Courtroom 2, 4th Floor, Oakland. Jury Trial set for 9/24/2018 - 10/15/2018 at 8:30 AM in Courtroom 9, 19th Floor, San Francisco before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on December 18, 2017. (wsn, COURT STAFF) (Filed on 12/18/2017)

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1 2 3 4 5 6 7 8 9 10 11 12 David M. Lilienstein, Esq. SBN 218923 Katie J. Spielman, Esq. SBN 252209 DL LAW GROUP 345 Franklin St. San Francisco, CA 94102 Telephone: (415) 678-5050 Facsimile: (415) 358-8484 Email: david@dllawgroup.com, katie@dllawgroup.com Attorneys for Plaintiff, MEN NGUYEN, Surviving Spouse of TOAN TRAN Galin L. Luk, Esq. SBN 199728 Marc A. Centor, Esq. SBN 252011 COX, WOOTTON, LERNER GRIFFIN & HANSEN, LLP 900 Front St., Ste 350 San Francisco, CA 94111 Telephone: (415) 438-4600 Facsimile: (415) 438-4601 Attorneys for Defendant, OCEAN ANGEL IV, LLC 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 17 MEN NGUYEN, Surviving Spouse of TOAN TRAN, 18 19 Plaintiff, v. 20 23 OCEAN ANGEL IV, LLC, and DOES 1 through 10, inclusive in personam, and the Fishing Vessel, OCEAN ANGEL IV, and her engines, tackle, apparel, etc., in rem, 24 Case No. 3:16-cv-04023-JST STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL DATE AND ASSOCIATED DEADLINES Complaint Filed: Trial Date: Judge: July 15, 2016 June 25, 2018 Hon. Jon S. Tigar Defendants. 21 22 25 26 27 28 1 STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL DATE 3:16-cv-04023-JST 1 Plaintiff MEN NGUYEN, Surviving Spouse of TOAN TRAN (“Plaintiff”) and 2 Defendant OCEAN ANGEL IV, LLC, in personam, and the Fishing Vessel, OCEAN ANGEL 3 IV, and her engines, tackle, apparel, etc., in rem (“Defendants”) hereby jointly submit this 4 Stipulation and Proposed Order to Continue Trial Date and Related Deadlines. There have been 5 no prior trial date continuances in this action. 6 On July 15, 2016, Plaintiff filed a complaint for personal injury, negligence under the 7 Jones Act, and breach of the warranty of seaworthiness under the General Maritime Law. On 8 May 24, 2017, this Court issued its Scheduling Order regarding ADR and Trial Dates. In that 9 Scheduling Order, this Court set a Trial Date of June 25, 2018. 10 Good cause now exists to continue this trial date for the following reasons: (1) The 11 parties have a confirmed date for the private mediation of this matter on January 17, 2018; (2) 12 the parties have expended significant efforts to locate critical witnesses—including eyewitnesses 13 to the decedent’s heart attack and Dr. Thai Vinh Tran, the retired former physician of the 14 decedent—but have so far been unsuccessful in those efforts; (3) the parties continue to meet and 15 confer regarding discovery issues in the hopes of avoiding motion practice; (4) defendant Ocean 16 Angel IV, LLC, is the owner of an active fishing vessel, and it is currently fishing season. 17 Accordingly, the availability of the vessel’s captain, Mr. David Tibbles, is limited. Plaintiff has 18 no desire to disturb the operation of the vessel or the livelihood of her crew, and has agreed to 19 postpone Mr. Tibbles’ deposition at least until the completion of private mediation. 20 21 22 The parties, having met and conferred, agree that a 90-day extension to the trial date and related dates is therefore warranted. The parties therefore stipulate and respectfully request that this Court grant the proposed 23 order below and extend the trial date and associated deadlines by 90 days, or as soon thereafter 24 as this Court is able to accommodate trial. 25 26 Based on the foregoing, the parties respectfully request that this Court continue the pretrial and trial deadlines in the following manner: 27 28 2 STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL DATE 3:16-cv-04023-JST 1 Event Current Deadline Proposed Deadline 2 Fact discovery cut-off January 1, 2018 April 1, 2018 3 Expert disclosures January 15, 2018 April 15, 2018 4 Expert rebuttal February 1, 2018 May 2, 2018 5 Expert discovery cut-off March 1, 2018 May 30, 2018 6 Deadline to file dispositive March 9, 2018 June 7, 2018 7 motions 8 Pretrial conference statement due May 22, 2018 August 20, 2018 9 Pretrial conference June 1, 2018 at 2:00 p.m. August 30, 2018 at 2:00 10 11 p.m. Trial 13 Estimate of trial length (in days) September 24, 2018 at a.m. 12 June 25, 2018 at 8:30 8:30 a.m. Twelve Twelve 14 15 Dated: December 15, 2017 16 Respectfully Submitted, DL LAW GROUP 17 By: /S/ Katie J. Spielman __ _ David M. Lilienstein, Esq. Katie J. Spielman, Esq. Attorneys for Plaintiff MEN NGUYEN, Surviving Spouse of TOAN TRAN 18 19 20 21 22 23 24 Dated: December 15, 2017 Respectfully Submitted, COX, WOOTTON, LERNER, GRIFFIN & HANSEN, LLP 25 26 27 28 By: /S/ Marc A. Centor Marc A. Centor Attorney for Defendants OCEAN ANGEL IV, LLC and F/V OCEAN ANGEL IV 3 STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL DATE 3:16-cv-04023-JST 1 2 3 ATTESTATION Pursuant to Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this 4 document has been obtained from each of the other signatories. 5 Dated: December 15, 2017 6 Respectfully Submitted, DL LAW GROUP 7 8 9 10 By: /S/ Katie J. Spielman ___ David M. Lilienstein, Esq. Katie J. Spielman, Esq. Attorneys for Plaintiff MEN NGUYEN, Surviving Spouse of TOAN TRAN 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL DATE 3:16-cv-04023-JST 1 [PROPOSED] ORDER 2 IT IS ORDERED that the trial in this action is continued to September 24, 2018. IT IS 3 FURTHER ORDERED that pretrial and trial deadlines are likewise continued by 90 days as set 4 forth below. 5 6 Event Current Deadline Proposed Deadline 7 Fact discovery cut-off January 1, 2018 April 1, 2018 8 Expert disclosures January 15, 2018 April 15, 2018 9 Expert rebuttal February 1, 2018 May 2, 2018 10 Expert discovery cut-off March 1, 2018 May 30, 2018 11 Deadline to file dispositive March 9, 2018 June 7, 2018 12 motions 13 Pretrial conference statement due May 22, 2018 14 Pretrial conference June 1, 2018 at 2:00 p.m. August 20, 2018 31 August 30, 2018 at 2:00 15 16 p.m. Trial 18 Estimate of trial length (in days) September 24, 2018 at a.m. 17 June 25, 2018 at 8:30 8:30 a.m. Twelve Twelve 19 20 21 22 23 24 Dated: December 18, 2017 Jon S. Tigar United States District Judge 25 26 27 28 5 STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL DATE 3:16-cv-04023-JST

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