Men Nguyen v. David Tibbles et al
Filing
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STIPULATION AND ORDER re 48 STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order Continuing Trial Date and Pretrial Deadlines filed by Ocean Angel IV, LLC. Expert disclosures 8/15/2018. Expert rebuttal 9/4/2018. Exper t discovery cut-off 9/28/2018. Deadline to file dispositive motions 10/5/2018. Pretrial conference statement due 1/29/2019. Pretrial Conference set for 2/1/2019 at 2:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Jon S. Tigar. Jury Trial set for 2/25/2019 - 3/14/2019 at 8:30 AM in San Francisco, Courtroom 9, 19th Floor before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on June 12, 2018. (wsn, COURT STAFF) (Filed on 6/13/2018)
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COX, WOOTTON, LERNER
GRIFFIN & HANSEN, LLP
Galin L. Luk (SBN 199728)
Marc A. Centor (SBN 252011)
900 Front St., Suite 350
San Francisco, CA 94111
Telephone: (415) 438-4600
Facsimile: (415) 438-4601
Attorneys for Defendant
OCEAN ANGEL IV, LLC
DL LAW GROUP
David M. Lilienstein (SBN 218923)
Katie J. Spielman (SBN 252209)
345 Franklin St.
San Francisco, CA 94102
Telephone: (415) 678-5050
Facsimile: (415) 358-8484
Attorneys for Plaintiff
MEN NGUYEN, Surviving Spouse of TOAN TRAN
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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,
Plaintiff,
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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 ORDER
CONTINUING TRIAL DATE AND
PRETRIAL DEADLINES
Complaint Filed:
Trial Date:
Judge:
July 15, 2016
September 24, 2018
Hon. Jon S. Tigar
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Defendants.
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Stipulation and Order Continuing Trial Date and Associated Deadlines
3:16-cv-04023-JST
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Defendant OCEAN ANGEL IV, LLC (“Defendant”) and plaintiff MEN NGUYEN,
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Surviving Spouse of TOAN TRAN (“Plaintiff”), hereby jointly submit this Stipulation and
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Proposed Order Continuing Trial Date and Associated Deadlines
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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. On December 18, 2017, this
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Court continued the trial date to September 24, 2018, and continued the discovery deadlines
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accordingly. On March 26, 2018, this Court continued the trial date to November 26, 2018, and
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continued the discovery deadlines accordingly.
Good cause now exists to continue the trial date and discovery deadlines for the
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following reasons: (1) counsel for Defendant, Galin Luk, has a conflict with another trial that
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was scheduled prior to the trial in this matter, which he mistakenly overlooked at the time of the
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last continuance; (2) late November is the middle of squid-fishing season, and necessary
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witnesses are likely to be unavailable to testify at that time; (3) the parties continue to discuss
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settlement with their mediator and remain committed to attempting in good faith to resolve this
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matter out of court; and (4) the parties have completed fact discovery.
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The parties, having met and conferred, agree that an extension to the trial date and
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pretrial deadlines is therefore warranted, and have agreed upon a new date that complies with
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both parties’ schedules. The parties therefore stipulate and respectfully request that this Court
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grant the proposed order below and extend the trial date and pretrial deadlines in this matter as
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follows:
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Event
Current Deadline
Proposed Deadline
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Fact discovery cut-off
June 1, 2018
No change
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Expert disclosures
June 15, 2018
August 15, 2018
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Expert rebuttal
July 2, 2018
September 4, 2018
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Expert discovery cut-off
July 30, 2018
September 28, 2018
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Deadline to file dispositive
August 7, 2018
October 8, 2018
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Stipulation and Order Continuing Trial Date and Associated Deadlines
3:16-cv-04023-JST
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motions
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Pretrial conference statement due
October 19, 2018
January 21, 2019
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Pretrial conference
November 2, 2018
February 4, 2019
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Trial
November 26, 2018
February 28, 2019
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Respectfully submitted,
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Dated: June 11, 2018
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COX, WOOTTON, LERNER,
GRIFFIN & HANSEN, LLP
Attorney for Defendants OCEAN ANGEL IV, LLC
and F/V OCEAN ANGEL IV
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By:
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/s/ Galin L. Luk
Galin L. Luk
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Dated: June 11, 2018
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DL LAW GROUP
Attorneys for Plaintiff MEN NGUYEN, Surviving
Spouse of TOAN TRAN
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By:
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/s/ David M. Lilienstein
David M. Lilienstein
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ORDER
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IT IS ORDERED that the trial date and pretrial deadlines in this matter are continued as set
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forth below. The Court does not expect to grant any further continuances.
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Event
Current Deadline
Proposed Deadline
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Fact discovery cut-off
June 1, 2018
No change
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Expert disclosures
June 15, 2018
August 15, 2018
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Expert rebuttal
July 2, 2018
September 4, 2018
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Expert discovery cut-off
July 30, 2018
September 28, 2018
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Deadline to file dispositive
August 7, 2018
October 5, 2018
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motions
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Stipulation and Order Continuing Trial Date and Associated Deadlines
3:16-cv-04023-JST
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Pretrial conference statement due
October 19, 2018
January 21, 2019
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Pretrial conference
November 2, 2018
February 1, 2019
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Trial
November 26, 2018
February 25, 2019
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Dated: June 12, 2018
Jon S. Tigar
United States District Judge
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Stipulation and Order Continuing Trial Date and Associated Deadlines
3:16-cv-04023-JST
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