Russo v. APL Maritime Ltd. et al

Filing 35

ORDER APPROVING STIPULATION TO TRANSFER VENUE TO U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA, ALEXANDRIA DIVISION. Signed by Judge Maxine M. Chesney on January 6, 2025. (mmclc1, COURT STAFF) (Filed on 1/6/2025)

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Gordon Rees Scully Mansukhani, LLP
315 Pacific Avenue
San Francisco, CA 94111

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ANDREW I. PORT (SBN: 120977)
[e-mail]
LEA M. LUTERSTEIN (SBN: 337399)
[e-mail]
GORDON REES SCULLY MANSUKHANI, LLP
315 Pacific Avenue
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
Attorneys for Specially Appearing Defendant
APL MARINE SERVICES, LTD.
Aaron A. Hayes (SBN: 236122)
[e-mail]
O’HAGAN MEYER LLP
2560 Huntington Avenue, Suite 204
Alexandria, VA 22303
Tel: [phone]
Fax: [phone]
Attorneys for Specially Appearing Defendant
JOHN FREDERICK DAYLOR
Gretchen M. Nelson (State Bar No. 112566)
Carlos F. Llinás Negret (State Bar No. 284746)
NELSON & FRAENKEL LLP
601 South Figueroa Street, Suite 2050
Los Angeles, CA 90017
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff
MATTHEW RUSSO

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MATTHEW RUSSO,

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Case No. 3:24-cv-06300-MMC
Plaintiff,

v.
APL MARITIME LTD, APL MARINE
SERVICES, LTD, AMERICAN PRESIDENT
LINES, LLC, CMA CGM (AMERICA) LLC,
CMA-CGM S.A., JOHN FREDERICK
DAYLOR,

STIPULATION TO TRANSFER VENUE
TO U.S. DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA,
ALEXANDRIA DIVISION
AND ORDER THEREON

Defendants.
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Case No. 3:24-cv-06300-MMC

STIPULATION TO TRANSFER VENUE TO U.S. DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA, ALEXANDRA DIVICION

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By and through their respective counsel of record, Plaintiff MATTHEW RUSSO

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(“Plaintiff”) and Specially Appearing Defendants APL MARINE SERVICES, LTD., and

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JOHN FREDERICK DAYLOR (“Specially Appearing Defendants,” and collectively with

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Plaintiff “the Parties”) hereby agree and stipulate as follows:

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WHEREAS Plaintiff filed a Complaint for Damages (“Complaint”) on September 6,

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2024 against Specially Appearing Defendants and other entities that have since been dismissed

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from this action, alleging causes of action for Jones Act negligence, unseaworthiness,

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intentional infliction of emotional distress, negligent infliction of emotional distress, sexual

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harassment, and the intentional tort of battery.

Gordon Rees Scully Mansukhani, LLP
315 Pacific Avenue
San Francisco, CA 94111

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WHEREAS Specially Appearing Defendants were served with the Summons and

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Complaint in October 2024 and neither Defendant has responded to Plaintiff’s Complaint to

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date.

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WHEREAS the Parties have agreed, through their counsel and pursuant to 28 U.S.C. §

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1404(a), to transfer venue of this action from the above-captioned Court to the United States

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District Court for the Eastern District of Virginia, Alexandria Division.

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WHEREAS, as part of the Parties’ meet and confer obligations, Specially Appearing

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Defendant APL MARINE SERVICES, LTD. informed Plaintiff it is headquartered in Virginia,

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and of its intention to file a motion to transfer venue to the Eastern District of Virginia;

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WHEREAS, in pleadings seeking to continue his deadline to appear in this Action,

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Specially Appearing Defendant JOHN FREDERICK DAYLOR made representations to the

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Court he is not a Californian resident, and intended to challenge this Court’s jurisdiction;

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WHEREAS to avoid the expense and delay of motion practice between the Parties, a

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stipulated transfer will not result in prejudice to any of the Parties and will serve the

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convenience of the Parties and witnesses and the interest of justice;

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WHEREAS, as a condition of the expedited transfer and change of venue, Plaintiff, and

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Specially Appearing Defendants APL MARINE SERVICES, LTD., and JOHN FREDERICK

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DAYLOR, agree to submit themselves to the personal jurisdiction and venue of the United

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States District Court for the Eastern District of Virginia;
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Case No. 3:24-cv-06300-MMC

STIPULATION TO TRANSFER VENUE TO U.S. DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA, ALEXANDRA DIVICION

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WHEREAS, the parties agree that the Plaintiff’s causes of action alleged in the

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Complaint [Dkt. 1], alleging Jones Act negligence, Unseaworthiness, Intentional Infliction of

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Emotional Distress, Negligent Infliction of Emotional Distress, Sexual Harassment and

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Intentional Tort of Battery, were tolled when the Complaint was filed in the Northern District

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of California, on September 6, 2024 [Dkt.1], and agree that the tolling of Plaintiff’s causes of

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action will remain through the period of time until this action is formally transferred and

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accepted by the Eastern District of Virginia

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IT IS HEREBY STIPULATED AND AGREED:

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1.

Gordon Rees Scully Mansukhani, LLP
315 Pacific Avenue
San Francisco, CA 94111

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The Parties agree to transfer venue of this action from the instant Court to the

United States District Court for the Eastern District of Virginia, Alexandria Division.

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IT IS SO STIPULATED.

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Dated: December 30, 2024

By: __/s/Andrew I. Port ___
ANDREW I. PORT
LEA M. LUTERSTEIN
Attorneys for Specially Appearing
Defendant
APL MARINE SERVICES, LTD.

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GORDON REES SCULLY MANSUKHANI, LLP

Dated: December 30, 2024

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O’HAGAN MEYER LLP
By: ___/s/Aaron A. Hayes___
AARON A. HAYES
Attorneys for Specially Appearing
Defendant
JOHN FREDERICK DAYLOR

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Dated: December 30, 2024

NELSON & FRAENKEL LLP
By: __/s/Carlos F. Llinás Negret _
GRETCHEN M. NELSON
CARLOS F. LLINÁS NEGRET
Attorneys for Plaintiff
MATTHEW RUSSO

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Case No. 3:24-cv-06300-MMC

STIPULATION TO TRANSFER VENUE TO U.S. DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA, ALEXANDRA DIVICION

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[PROPOSED] ORDER
Pursuant to 28 U.S.C. § 1404(a) and the Stipulation between Plaintiff MATTHEW
RUSSO and Specially Appearing Defendants APL MARINE SERVICES, LTD., and JOHN
FREDERICK DAYLOR filed on December 30, 2024, the above-referenced case is hereby
transferred to the United States District Court for the Eastern District of Virginia, Alexandria
Division.

IT IS SO ORDERED.

Gordon Rees Scully Mansukhani, LLP
315 Pacific Avenue
San Francisco, CA 94111

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Dated: January 6, 2025

______________________________________________
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____
_ ________
_ _______
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JUDGE
JUDG
JU
D E MAXINE M. CHESNEY
DG
Y

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Case No. 3:24-cv-06300-MMC

[PROPOSED] ORDER TO TRANSFER VENUE TO U.S. DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA, ALEXANDRA DIVICION