Wade v. Tschudi Shipping Company A.S. et al

Filing 98

ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE. Signed by Judge Claudia Wilken on 8/30/2010. (cwlc2, COURT STAFF) (Filed on 8/30/2010)

Wade v. Tschudi Shipping Company A.S. et al

Doc. 98

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. BRIAN STACY, v. LORI WADE,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 07-5487 CW Plaintiff, ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE

TSCHUDI SHIPPING COMPANY, A.S., et al., Defendants. /

Plaintiff,

REDERIET OTTO DANIELSEN, A.S.; K/S ARIES SHIPPING; and MARINCONSULT SHIP MANAGEMENT, Defendants. /

This consolidated action arises from a July 13, 2007 collision between the Eva Danielsen and the F/V Buona Madre, which resulted in the death of the fishing vessel's captain. Plaintiff Lori Wade,

widow of the decedent, brought claims for wrongful death against Defendants Tschudi Shipping Company, A.S., et al. Plaintiff Brian

Stacy, who owned and operated the F/V Marja, charged Defendants Rederiet Otto Danielsen, A.S.; K/S Aries Shipping; and Marinconsult Ship Management with negligent infliction of emotional distress (NIED). On January 15, 2009, the Court held that Stacy failed to state a claim for NIED and dismissed his complaint with leave to amend.

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Stacy chose not to amend his complaint and appealed the Court's ruling. Wade voluntarily dismissed her claim following a

settlement. On June 29, 2010, the Ninth Circuit concluded that Stacy plead a cognizable NIED claim, reversed this Court's judgment and remanded his case for further proceedings. mandate issued on August 20, 2010. In light of the Ninth Circuit's opinion, the Court sets an initial case management conference for September 28, 2010 at 2:00 p.m. The parties shall file their joint case management conference The Ninth Circuit's

statement by September 21, 2010. IT IS SO ORDERED.

Dated: August 30, 2010

CLAUDIA WILKEN United States District Judge

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