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