Taurus Marine Inc. v. County of Marin, California

Filing 39

THIRD STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 38 Stipulation filed by Taurus Marine Inc. Signed by Judge Phyllis J. Hamilton on 12/22/09. (nah, COURT STAFF) (Filed on 12/22/2009)

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LAW OFFICES OF GEORGE W. NOWELL 120 Montgomery Street, Suite 1990 San Francisco, CA 94104

GEORGE W. NOWELL (SBN: 83868) [e-mail] PAUL B. ARENAS (SBN: 167863) [e-mail] JOHN H. CIGAVIC III (SBN: 231806) [e-mail] LAW OFFICES OF GEORGE W. NOWELL 120 Montgomery Street, Suite 1990 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for TAURUS MARINE, INC. ROBERT C. CHILES (SBN: 056725) [e-mail] CHILES and PROCHNOW, LLP 2600 El Camino Real, Suite 412 Palo Alto, California 94306-1719 Telephone: [phone] Facsimile: [phone] THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION) IN RE COMPLAINT OF TAURUS MARINE, ) INC. AS OWNERS AND/OR OPERATORS OF ) THE TUG TERILYN HER ENGINES, ) TACKLE, APPURTENANCES IN A CAUSE ) OF EXONERATION FROM OR LIMITATION ) OF LIABILITY, ) ) Petitioner, ) ) v. ) ) THE COUNTY OF MARIN, STATE OF ) CALIFORNIA, ) ) Claimant. ) ) ) // // // // //
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CASE NO.: CV 08 3195 PJH THIRD STIPULATION OF PARTIES AND REQUEST FOR ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND ASSOCIATED DATES 90 DAYS IN ADMIRALTY FRCivP SUPP RULE F L.R. 7 & 16-2(d)

THIRD STIPULATION OF PARTIES AND REQUEST FOR ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND ASSOCIATED DATES 90 DAYS (CV 08 3195 PJH)
P1218.2009-1784

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LAW OFFICES OF GEORGE W. NOWELL 120 Montgomery Street, Suite 1990 San Francisco, CA 94104

COME NOW COUNSEL FOR THE REMAINING PARTIES IN THIS ACTION, TAURUS MARINE, INC. ("petitioner") and MANSON CONSTRUCTION COMPANY and the DUTRA GROUP ("Manson/Dutra") (collectively "Parties") (the only persons appearing to date in this action that have not been dismissed by Order of the Court (see Doc#37 dismissing claimant County of Marin, State of California ("Marin") by stipulation and order), and hereby stipulate and request this Court Order a continuation of the Case Management Conference (and associated dates) 90 days / three months, i.e. from 21 January 2010 to 21 April 2010, or as soon thereafter as is convenient for the Court, in order to, inter alia, permit the Parties to pursue settlement discussions and to attempt to narrow the issues truly in dispute. The Parties moving this Court for relief from the Case Management schedule and pursuant to Local Rule 16-2(d) hereby represent this is the Parties' third request for continuance of Case Management related dates and further represent and request (the first request was granted at Doc#22 and the second request was granted at Doc#35 and set the existing Case Management Conference dates): (1) The circumstances that support this request constitute good cause and include: [a] the Parties continue to desire to engage in settlement discussions and are engaging in formal discovery: the determination of the amount of actual damages is presently ongoing because the repairs to the pier at issue are presently ongoing and likely will be determined within 90 days, the determination of the cost of repair is a necessary prerequisite to meaningful settlement negotiations, [b] the Parties desire to promote judicial economy by attempting to resolve their claims without further judicial action and are planning to resume the mediation of this dispute, perhaps as early as February 2010, [c] filing a joint case management conference statement without knowledge of the amount of damages at issue does not give the Parties sufficient time to adequately communicate their interests to the Court, //
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THIRD STIPULATION OF PARTIES AND REQUEST FOR ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND ASSOCIATED DATES 90 DAYS (CV 08 3195 PJH)
P1218.2009-1784

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LAW OFFICES OF GEORGE W. NOWELL 120 Montgomery Street, Suite 1990 San Francisco, CA 94104

[d]

in the event the settlement negotiations between petitioner and Manson/Dutra do not fully resolve this lawsuit, then the Parties will attempt to litigate this matter to conclusion efficiently.

(2)

Counsel for all Parties appearing in this Petition agree to this "Third Stipulation of Parties and Request for Order Continuing Case Management Conference and Associated Dates for 90 Days".

(3)

The Parties propose the Case Management schedule be revised as follows, or as

soon thereafter as is convenient for the Court: [a] the Case Management Conference be continued about 90 days, i.e. from 21 January 2010 until 21 April 2010, or as soon thereafter as this matter may be heard; and [b] the Joint Case Management Statement due date be continued about 90 days, i.e. from 14 January 2010 to 14 April 2010. THE PARTIES HEREBY STIPULATE AND REQUEST THE COURT ORDER THE DATES FOR THE CASE MANAGEMENT CONFERENCE AND JOINT CASE MANAGEMENT STATEMENT, AS ABOVE:

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12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated:

IT IS SO STIPULATED: Dated: 18 December 2009 LAW OFFICES OF GEORGE W. NOWELL By: ___________ /s/ John H. Cigavic III ________ JOHN H. CIGAVIC III Attorneys for petitioner TAURUS MARINE, INC. IT IS SO STIPULATED: December ___, 2009 CHILES and PROCHNOW, LLP By: _________ /s/ Robert C. Chiles _____________ ROBERT C. CHILES Attorneys for claimants MANSON CONSTRUCTION COMPANY and the DUTRA GROUP
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THIRD STIPULATION OF PARTIES AND REQUEST FOR ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND ASSOCIATED DATES 90 DAYS (CV 08 3195 PJH)
P1218.2009-1784

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LAW OFFICES OF GEORGE W. NOWELL 120 Montgomery Street, Suite 1990 San Francisco, CA 94104

[PROPOSED] ORDER PURSUANT TO THE STIPULATION OF THE PARTIES, AS ABOVE, THE COURT HEREBY ORDERS that the: (1) (2) 22 Case Management Conference is continued until 21 April 2010; and 15 Joint Case Management Statement due date is continued until 14 April 2010.

PURSUANT TO STIPULATION, IT IS SO ORDERED:

Dated:

December 22 09 ________________ 20___

UNITED STATES DISTRICT COURT

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RIC CALIFORNIA NORTHERNTES D DISTRICT OFT

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THIRD STIPULATION OF PARTIES AND REQUEST FOR ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND ASSOCIATED DATES 90 DAYS (CV 08 3195 PJH)
P1218.2009-1784

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