Preston v. United States of America et al

Filing 58

STIPULATION AND ORDER TO EXTEND ALL DATES AS MODIFIED BY THE COURT re 57 Stipulation filed by United States of America. Dispositive Motions to be heard by 10/7/2009. Pretrial Conference set for 5/6/2010 02:30 PM. Court Trial set for 6/14/2010 08:30 AM. Signed by Judge Phyllis J. Hamilton on 3/18/09. (nah, COURT STAFF) (Filed on 3/18/2009)

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MICHAEL F. HERTZ Acting Assistant Attorney General JOSEPH P. RUSSONIELLO United States Attorney R. MICHAEL UNDERHILL Attorney in Charge, West Coast Office Torts Branch, Civil Division JEANNE M. FRANKEN Trial Attorney Torts Branch, Civil Division CHAD KAUFFMAN Trial Attorney Torts Branch, Civil Division U.S. Department of Justice 7-5395 Federal Bldg., P.O. Box 36028 450 Golden Gate Avenue San Francisco, California 94102-3463 Telephone: [phone] E-mail: [e-mail] [e-mail] Attorneys for Defendant & Third-Party Plaintiff United States of America UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION KARI PRESTON, Plaintiff, v. UNITED STATES OF AMERICA, BAE SYSTEMS SF SHIP REPAIR, INC., and DOES 1 through 10, Inclusive, Defendants. UNITED STATES OF AMERICA, Cross-Claimant,
STIPULATED ORDER TO EXTEND ALL DATES

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Civil No. C-07-3861-PJH IN ADMIRALTY

STIPULATED ORDER TO EXTEND ALL DATES
AS MODIFIED BY THE COURT

Case No. C 07-3861 PJH

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v. BAE SYSTEMS SAN FRANCISCO SHIP REPAIR, INC., Cross-Defendant. BAE SYSTEMS SAN FRANCISCO SHIP REPAIR, INC., Cross-Claimant, v. UNITED STATES OF AMERICA, Cross-Defendant, BAE SYSTEMS SAN FRANCISCO SHIP REPAIR, INC., Cross-Claimant, v. SEACOAST ELECTRONICS, INC., Cross-Defendant. UNITED STATES OF AMERICA, Third-Party Plaintiff, v. SEACOAST ELECTRONICS, INC., Third-Party Defendant.

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The parties hereto, through the undersigned consents of their counsel-of-record, do hereby jointly and respectfully request that all future dates, through and including trial herein, be continued for a period of approximately three months in order to permit the parties
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STIPULATED ORDER TO EXTEND ALL DATES

Case No. C 07-3861 PJH

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to fully explore the possibility of settlement. A settlement conference has been scheduled by Magistrate Judge Maria Elena James for the first available date of June 9, 2009, approximately three months from now. Pursuant to the existing pretrial order, the parties are required to make their expert disclosures by the end of May when fact discovery is also scheduled to close. For this reason, the parties agree and respectfully request that the current pretrial schedule be vacated, and reset as follows: 1. 2. Fact discovery closes and expert disclosures due August 28, 2009; Dispositive motion hearing deadline of October 7, 2009, with attendant filing

deadline of September 2, 2009; 3. 4. 5. Expert discovery closes September 30, 2009; Pretrial meet and confer by December 2, 2009; pursuant to case management Pretrial Conference on January 21, 2010, with Daubert motions filed thirty-five
May 6, 2010 order of 3/10/08

days in advance; 6. 7. 8. /// /// /// /// /// /// ///
STIPULATED ORDER TO EXTEND ALL DATES

All pretrial paperwork by December 18, 2009; pursuant to case management order
of 3/10/08 Motions in limine filed by January 8, 2010; and pursuant to case management order of 3/10/08

Trial in late February of 2010, depending on the Court's calendar.
June 14, 2010

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Case No. C 07-3861 PJH

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The parties previously sought and obtained one extension in the pretrial schedule. No further extensions are anticipated at this time. Dated: March 13 , 2009 Law Offices of Lyle C. Cavin, Jr. s/Christopher Goodroe CHRISTOPHER GOODROE Attorneys for Plaintiff Kari Preston Dated: March 13 , 2009 Buty & Curliano LLP s/Madeline L. Buty MADELINE L. BUTY Attorneys for Defendant Bae Systems SF Ship Repairs, Inc. Dated: March 13 , 2009 Burnham Brown s/Ronnie R. Gipson RONNIE R. GIPSON Attorneys for Third-Party Defendant Seacoast Electronics, Inc. /// /// /// /// /// ///
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Case No. C 07-3861 PJH

STIPULATED ORDER TO EXTEND ALL DATES

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Dated: March 13 , 2009

MICHAEL F. HERTZ Acting Assistant Attorney General JOSEPH P. RUSSONIELLO United States Attorney R. MICHAEL UNDERHILL Attorney in Charge, West Coast Office Torts Branch, Civil Division s/Jeanne M. Franken JEANNE M. FRANKEN Trial Attorney Torts Branch, Civil Division CHAD KAUFFMAN Trial Attorney Torts Branch, Civil Division U.S. Department of Justice Attorneys for Defendant & Third-Party Plaintiff United States of America

IT IS SO ORDERED this

18th

day of

March

, 2009 in San Francisco, CA.
UNIT ED

S

S DISTRICT TE C TA

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STIPULATED ORDER TO EXTEND ALL DATES

UNITED STATES DISTRICT JUDGE E
RN

F D IS T IC T O R

CERTIFICATION OF SIGNATURES I attest that the content of the document is acceptable to all persons required to sign the document. s/Jeanne M. Franken JEANNE M. FRANKEN

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Case No. C 07-3861 PJH

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Judge P

hyllis J.

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IT IS S

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STIPULATED ORDER TO EXTEND ALL DATES

CERTIFICATE OF SERVICE I hereby certify that, on the dates and by the methods of service noted below, a true and correct copy of the forgoing STIPULATED ORDER TO EXTEND ALL DATES was served on the following at their last known addresses:

Served Electronically through CM/ECF: Ronald H. Klein Madeline L. Buty
Ronnie R. Gipson

[e-mail] [e-mail]

March 13 , 2009 March 13 , 2009

[e-mail] March 13 , 2009

s/Jeanne M. Franken JEANNE M. FRANKEN

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Case No. C 07-3861 PJH