Taurus Marine Inc. v. County of Marin, California

Filing 91

STIPULATION AND ORDER DISMISSING WITH PREJUDICE CLAIMS OF JAMES ANTHONY BILLER, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 10/2/12. (nah, COURT STAFF) (Filed on 10/2/2012)

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Phone: [phone] Fax: [phone]

LAW OFFICES OF GEORGE W. NOWELL
100 Montgomery Street, Suite 1990
San Francisco, CA 94104-4322

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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
100 Montgomery Street, Suite 1990
San Francisco, CA 94104-4322
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner
TAURUS MARINE, INC.
CORY A. BIRNBERG (SBN: 105468)
BIRNBERG & ASSOCIATES
1083 Mission St., Third Floor
San Francisco, California 94103
Telephone: [phone]
Facsimile: [phone]
Attorneys for Claimant
JAMES ANTHONY BILLER

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THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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(OAKLAND DIVISION)
IN RE COMPLAINT OF TAURUS
) CASE NO.: CV 08 3195 PJH
MARINE, INC. AS OWNERS AND/OR
)
OPERATORS OF THE TUG TERILYN HER ) STIPULATION AND [PROPOSED]
ENGINES, TACKLE, APPURTENANCES ) ORDER REQUESTING DISMISSAL
IN A CAUSE OF EXONERATION FROM ) (WITH PREJUDICE) OF JAMES
OR LIMITATION OF LIABILITY,
) ANTHONY BILLER'S CLAIMS
) FOR DAMAGES
Petitioner,
)
v.
) (IN ADMIRALTY)
)
THE COUNTY OF MARIN, STATE OF
) FRCivP 41
CALIFORNIA,
)
) Judge: Hon. Phyllis J. Hamilton
Claimant.
)
) Complaint Filed: 2 July 2008
)
) Trial Date: Vacated
)
) Next Court Date: 8 November 2012
) (Pretrial Conference)
)
) Location: Courtroom 3, 3rd Floor
) (Oakland)

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STIPULATION AND [PROPOSED] ORDER REQUESTING DISMISSAL (WITH PREJUDICE) OF
JAMES ANTHONY BILLER'S CLAIMS FOR DAMAGES (CV 08 3195 PJH)
P0925.2012-1784

TO THIS HONORABLE COURT AND TO ALL PARTIES AND THEIR

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ATTORNEYS OF RECORD:
COMES NOW PETITIONER TAURUS MARINE, INC. AS OWNER OF THE

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TUG TERILYN, HER ENGINES, TACKLE, APPURTENANCES (“petitioner”) and

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CLAIMANT JAMES ANTHONY BILLER ("claimant") and files this " STIPULATION

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AND [PROPOSED] ORDER REQUESTING DISMISSAL (WITH PREJUDICE) OF

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JAMES ANTHONY BILLER'S CLAIMS FOR DAMAGES " as follows:
(1)

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Claimant Seaman James Anthony Biller is currently the only claimant

action that is related to Terilyn but not related to CK-7 or McNear's Pier (Doc#50). Mr.

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Biller also filed a bodily injury lawsuit in the Northern District of California before the

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Hon. Samuel Conti (entitled "James Anthony Biller v. Terilyn, its engines, tackle,

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equipment, furnishings, and machinery, in rem, Westar Marine Services, a business entity

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of unknown form, in personam, CV10 5731 (SC)" ("Biller Action")). Petitioner's

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interests in the Biller Action were represented by different counsel than the undersigned.

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The Biller Action settled (Biller Action Doc#67) and was dismissed with prejudice by

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Judge Conti on 13 September 2012 (Biller Action Doc#70).

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Phone: [phone] Fax: [phone]

remaining in this limitation action and he has filed a bodily injury claim in this limitation

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LAW OFFICES OF GEORGE W. NOWELL
100 Montgomery Street, Suite 1990
San Francisco, CA 94104-4322

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STIPULATION AND [PROPOSED] ORDER REQUESTING DISMISSAL (WITH PREJUDICE) OF
JAMES ANTHONY BILLER'S CLAIMS FOR DAMAGES (CV 08 3195 PJH)
P0925.2012-1784

(2)

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Petitioner and claimant Biller stipulate and agree, and hereby request that

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this Court Order, that claimant Biller hereby withdraws his claims and assertions made in

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this matter for bodily injury allegedly relating to Terilyn and occurring on 4 January 2008

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in San Pablo Bay (Doc#50) and that claimant Biller be dismissed as a party to this

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limitation action litigation with prejudice, each party to bear its own legal fees and costs.

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IT IS SO STIPULATED:
Dated:

2 October 2012

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By: ________ /s/ John H. Cigavic III _________
GEORGE W. NOWELL
JOHN H. CIGAVIC III
Attorneys for petitioner
TAURUS MARINE, INC.

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Phone: [phone] Fax: [phone]

LAW OFFICES OF GEORGE W. NOWELL
100 Montgomery Street, Suite 1990
San Francisco, CA 94104-4322

LAW OFFICES OF GEORGE W. NOWELL

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IT IS SO STIPULATED:

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Dated:

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BIRNBERG & ASSOCIATES
By: ________ /s/ Cory A. Birnberg __________
CORY A. BIRNBERG
Attorneys for claimant
JAMES ANTHONY BILLER

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October 2, 2012

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STIPULATION AND [PROPOSED] ORDER REQUESTING DISMISSAL (WITH PREJUDICE) OF
JAMES ANTHONY BILLER'S CLAIMS FOR DAMAGES (CV 08 3195 PJH)
P0925.2012-1784

[PROPOSED] ORDER

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PURSUANT TO THE STIPULATION OF THE PARTIES, AS ABOVE, THE

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COURT HEREBY ORDERS that CLAIMANT JAMES ANTHONY BILLER's claims

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and assertions made in this matter for bodily injury allegedly relating to Terilyn and

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occurring on 4 January 2008 in San Pablo Bay (Doc#50) are withdrawn and that Mr.

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Biller is dismissed as a party to this limitation action litigation with prejudice, each party

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to bear their own legal fees and costs.

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PURSUANT TO STIPULATION AND GOOD CAUSE APPEARING, IT IS SO
ORDERED:

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October 2
________________ 2012

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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Dated:

2 October 2012

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FO

LI

ER

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Prepared by:

amilton

yllis J. H

H

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Judge Ph

ED

ORDER

R NIA

S

UNIT
ED

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IT IS SO

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U
O

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S DISTRICT
TE
C
TA

By: ____________________________________
PHYLLIS J. HAMILTON
UNITED STATES DISTRICT JUDGE
RT

Phone: [phone] Fax: [phone]

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NO

LAW OFFICES OF GEORGE W. NOWELL
100 Montgomery Street, Suite 1990
San Francisco, CA 94104-4322

Dated:

N

F
D IS T IC T O
R

C

LAW OFFICES OF GEORGE W. NOWELL
By: ________ /s/ John H. Cigavic III _________
GEORGE W. NOWELL
JOHN H. CIGAVIC III
Attorneys for petitioner
TAURUS MARINE, INC.

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Approved as to form:
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Dated:

October 2, 2012

BIRNBERG & ASSOCIATES
By: ________ /s/ Cory A. Birnberg __________
CORY A. BIRNBERG
Attorneys for claimant
JAMES ANTHONY BILLER

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STIPULATION AND [PROPOSED] ORDER REQUESTING DISMISSAL (WITH PREJUDICE) OF
JAMES ANTHONY BILLER'S CLAIMS FOR DAMAGES (CV 08 3195 PJH)
P0925.2012-1784