Men Nguyen v. David Tibbles et al

Filing 49

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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1 2 3 4 5 6 7 8 9 10 11 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 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 17 MEN NGUYEN, Surviving Spouse of TOAN TRAN, Plaintiff, 18 19 v. 20 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, 21 22 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 23 Defendants. 24 25 26 27 28 1 Stipulation and Order Continuing Trial Date and Associated Deadlines 3:16-cv-04023-JST 1 Defendant OCEAN ANGEL IV, LLC (“Defendant”) and plaintiff MEN NGUYEN, 2 Surviving Spouse of TOAN TRAN (“Plaintiff”), hereby jointly submit this Stipulation and 3 Proposed Order Continuing Trial Date and Associated Deadlines 4 On July 15, 2016, Plaintiff filed a complaint for personal injury, negligence under the 5 Jones Act, and breach of the warranty of seaworthiness under the General Maritime Law. On 6 May 24, 2017, this Court issued its Scheduling Order regarding ADR and Trial Dates. In that 7 Scheduling Order, this Court set a Trial Date of June 25, 2018. On December 18, 2017, this 8 Court continued the trial date to September 24, 2018, and continued the discovery deadlines 9 accordingly. On March 26, 2018, this Court continued the trial date to November 26, 2018, and 10 11 continued the discovery deadlines accordingly. Good cause now exists to continue the trial date and discovery deadlines for the 12 following reasons: (1) counsel for Defendant, Galin Luk, has a conflict with another trial that 13 was scheduled prior to the trial in this matter, which he mistakenly overlooked at the time of the 14 last continuance; (2) late November is the middle of squid-fishing season, and necessary 15 witnesses are likely to be unavailable to testify at that time; (3) the parties continue to discuss 16 settlement with their mediator and remain committed to attempting in good faith to resolve this 17 matter out of court; and (4) the parties have completed fact discovery. 18 The parties, having met and conferred, agree that an extension to the trial date and 19 pretrial deadlines is therefore warranted, and have agreed upon a new date that complies with 20 both parties’ schedules. The parties therefore stipulate and respectfully request that this Court 21 grant the proposed order below and extend the trial date and pretrial deadlines in this matter as 22 follows: 23 Event Current Deadline Proposed Deadline 24 Fact discovery cut-off June 1, 2018 No change 25 Expert disclosures June 15, 2018 August 15, 2018 26 Expert rebuttal July 2, 2018 September 4, 2018 27 Expert discovery cut-off July 30, 2018 September 28, 2018 28 Deadline to file dispositive August 7, 2018 October 8, 2018 2 Stipulation and Order Continuing Trial Date and Associated Deadlines 3:16-cv-04023-JST 1 motions 2 Pretrial conference statement due October 19, 2018 January 21, 2019 3 Pretrial conference November 2, 2018 February 4, 2019 4 Trial November 26, 2018 February 28, 2019 5 Respectfully submitted, 6 7 Dated: June 11, 2018 8 9 COX, WOOTTON, LERNER, GRIFFIN & HANSEN, LLP Attorney for Defendants OCEAN ANGEL IV, LLC and F/V OCEAN ANGEL IV 10 By: 11 /s/ Galin L. Luk Galin L. Luk 12 13 Dated: June 11, 2018 14 DL LAW GROUP Attorneys for Plaintiff MEN NGUYEN, Surviving Spouse of TOAN TRAN 15 By: 16 /s/ David M. Lilienstein David M. Lilienstein 17 18 ORDER 19 IT IS ORDERED that the trial date and pretrial deadlines in this matter are continued as set 20 forth below. The Court does not expect to grant any further continuances. 21 22 Event Current Deadline Proposed Deadline 23 Fact discovery cut-off June 1, 2018 No change 24 Expert disclosures June 15, 2018 August 15, 2018 25 Expert rebuttal July 2, 2018 September 4, 2018 26 Expert discovery cut-off July 30, 2018 September 28, 2018 27 Deadline to file dispositive August 7, 2018 October 5, 2018 28 motions 3 Stipulation and Order Continuing Trial Date and Associated Deadlines 3:16-cv-04023-JST 1 Pretrial conference statement due October 19, 2018 January 21, 2019 2 Pretrial conference November 2, 2018 February 1, 2019 3 Trial November 26, 2018 February 25, 2019 4 5 6 7 Dated: June 12, 2018 Jon S. Tigar United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Stipulation and Order Continuing Trial Date and Associated Deadlines 3:16-cv-04023-JST

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