Taurus Marine Inc. v. County of Marin, California

Filing 37

STIPULATION AND ORDER re 36 Stipulation filed by Manson Construction Company. Signed by Judge Phyllis J. Hamilton on 12/7/09. (nah, COURT STAFF) (Filed on 12/7/2009)

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CHILES and PROCHNOW, LLP 1 Robert C. Chiles (SBN:056725) rchiles@chilesprolaw.com 2 2600 El Camino Real, Suite 412 Palo Alto, California 94306-1719 3 Telephone: 650-565-8208 Facsimile: 650-565-8221 4 Attorneys for Claimants, Manson Construction Company 5 and the Dutra Group and the Joint Venture between Manson Construction Company and the Dutra Group 6 7 8 9 10 11 THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. CV083195 PJH In Re Complaint of Taurus Maritime, Inc., as 12 owners and/or operators of the Tug, Terilyn, her engines, tackle, appurtenances in a cause of 13 exoneration from or limitation of liability STIPULATION and PROPOSED ORDER 14 15 16 17 18 19 This Stipulation and Proposed Order is entered into between the following parties: Manson vs. Petitioner. Judge: Hon. Phyllis J. Hamilton Complaint Filed: July 2, 2008 Claimant The County of Marin, State of California 20 Dutra, a joint venture between the Dutra Group and Manson Construction Company and a 21 claimant herein, the County of Marin (the "County"), a claimant, and petitioner, Taurus Marine, 22 Inc. and arises from the following facts: 23 24 25 26 27 28 1. In the early morning hours of January 4, 2008, the tug, Terilyn, made up a barge owned and operated by Dutra Group that was being utilized by the Manson/Dutra joint venture on a construction project on the County's east coast to a Manson/Dutra buoy. The line used to tie up the barge parted and the barge was driven onto the McNear beach where it struck and damaged a pier owned by the County. Efforts were made to move the barge in daylight hours at which time the -1Case No. CV083195 PJH Stipulation and Proposed Order 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 /// 26 /// 27 /// 28 /// barge struck and damaged the pier again. 2. Taurus Marine, as owner and operator of the tug, Terilyn, which made up the barge as aforesaid, timely filed the within action to limit its liability. 3. The only claims that have been received in this action are claims by the County, Manson Construction, Dutra Group and the Manson/Dutra joint venture. All other claims, if any, not filed have been time barred by this Court's order dated October 21, 2008 (Document no. 23) 4. As a result of the claim made by the County for damage to the pier the Manson/ Dutra joint venture entered into a settlement with the County to repair the pier at no cost to the County and also agreed to compensate the County for loss of use of the pier and additional expenses. Under the terms of the settlement between Manson/ Dutra and the County the claims that the County has asserted against Taurus Marine in this proceeding have been assigned to Manson/Dutra. 5. As a result of the foregoing assignment the County wishes to withdraw from this action and Manson/Dutra intends to stand in the shoes of the County in this action and assert the County's claims in this action as its own. 6. Petitioner, Taurus Marine has no objection to the withdrawal of the County as a claimant in this action nor to the assertion of the County's claim by Manson /Dutra. 7. The elimination of the County as a party to this action will simplify the action and allow this action to move more expeditiously (and most likely lead towards a satisfactory resolution through settlement.) 8. Nothing in this stipulation should be interpreted as an admission of liability by petitioner nor to the value of any claim asserted or to the property at issue in this action. -2Case No. CV083195 PJH Stipulation and Proposed Order 1 November 25, 2009 2 3 4 5 6 November 25, 2009 7 8 9 10 11 12 13 14 15 16 17 18 November 25, 2009 Chiles and Prochnow, LLP By: /s/ Robert C. Chiles___________________ Robert C. Chiles Attorneys for Claimants Manson Construction Co., the Dutra Group and the Joint Venture between Manson Construction Co. and the Dutra Group Grotefeld and Hoffmann, LLP By: _/s/ Todd Harshman____ Todd Harshman Attorneys for the County of Marin Law Offices of George W. Nowell _______ By: ___/s/ John C. Cigavic, III_____________ John H. Cigavic, III Attorneys for Petitioner Taurus Marine, Inc. (PROPOSED) ORDER The Court, having read the foregoing stipulation and good cause appearing there for, it is 19 hereby ordered that the County of Marin's application to withdraw is granted and the County is 20 hereby dismissed as a party to this litigation and that the Manson/Dutra joint venture claim is 21 hereby amended to assert all claims that the County had previously asserted in this limitation 22 action. 23 December 7 2009 UNIT ED ISTRIC ES D TC AT T RT U O 24 25 26 27 28 -3- S ER N F D IS T IC T O R Case No. CV083195 PJH Stipulation and Proposed Order A C LI FO Judge of the US District RT H n Hamilto hyllis J. Judge P Northern District Court, R NIA _______________________________________________ NO IT IS S O ORD ERED of California 1 ATTESTATION PURSUANT TO GENERAL ORDER 45, SECTION X.B. 2 I hereby attest that I have on file all holograph signatures for any signatures indicated by a 3 "conformed" signature (/S/) within this e-filed document. 4 5 6 December 1, 2009 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4Case No. CV083195 PJH Stipulation and Proposed Order __/s/ Robert C. Chiles_______ Robert C. Chiles ____

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