Strawn v. Shenandoah Charters et al

Filing 11

ORDER GRANTING REQUEST TO CONTINUE THE CASE MANAGEMENT CONFERENCE re 10 Status Report filed by Nicole Strawn. Joint Case Management Statement due by 2/10/2011. Initial Case Management Conference set for 2/17/2011 02:00 PM. Signed by Judge Phyllis J. Hamilton on 12/28/10. (nah, COURT STAFF) (Filed on 12/28/2010)

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BRODSKY MICKLOW BULL & WEISS LLP Kurt Micklow, State Bar No. 113974 2 Edward M. Bull III, SBN 141996 Amy Jo Bull, State Bar No. 135939 3 384 Embarcadero West, Suite 200 Oakland California 94607 4 Telephone: (510) 268-6180 Facsimile: (510) 268-6181 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attorneys for Plaintiff Nicole Strawn UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) Plaintiff, ) ) vs. ) ) SHENANDOAH CHARTERS, CLAY ) COLLINS, TODD J. COLLINS, and ) DOES 1-10, in personam, and FV ) SHENANDOAH, and her engines, tackle, ) apparel, etc., in rem, ) ) Defendants. ) _________________________________ ) NICOLE STRAWN CASE NO. 10-4015 PJH STATUS REPORT AND REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE Plaintiff has been withholding service of the complaint in this matter while her counsel negotiated with the maritime adjuster assigned to her claim in the hope that the matter could be resolved informally. However, Plaintiff learned on December 10, 2010, that her injuries are more serious than she thought, and that she will likely have to undergo a second surgery. Consequently, counsel for Plaintiff have advised the adjuster that Plaintiff is not in a position to resolve her claim until her medical status is better known (and stable), and that the summons and complaint will therefore have to be served on the in personam defendants (SHENANDOAH CHARTERS, CLAY COLLINS, TODD J. COLLINS) unless service can be accepted by the adjuster or counsel. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 On December 21, 2010, we were contacted by the firm of Gibson Robb & Lindh LLP in San Francisco and advised that they had been retained to represent the defendants in this matter. We have therefore asked them if they will accept service, and have advised them that we must complete service by January 6, 2011. Counsel indicated that they would recommend that they accept service, but that they would have to get clearance from their clients. We intend to serve either the in personam defendants or their counsel prior to January 6, 2011, but a responsive pleading will not likely be filed until mid-to-late January at the earliest. According to the Court's Order Setting Initial Case Management Conference filed November 15, 2010, however, an Initial Case Management Conference is set for January 13, 2011. In order to allow the defendants to appear, and for the parties to meet and confer regarding initial disclosures, ADR and discovery in advance of the filing of the initial Case Management Conference Statement, Plaintiff respectfully requests that the Court continue the Initial Case Management Conference for approximately thirty (30) days. Respectfully submitted. DATED: December 27, 2010 BRODSKY MICKLOW BULL & WEISS LLP By: /s/ Edward M. Bull III Kurt Micklow Edward M. Bull III Amy Jo Bull Attorneys for Plaintiff NICOLE STRAWN S DISTRICT TE C TA UNIT ED 25 26 27 28 ER LI FO Judge P hyllis J. Hamilto n R NIA O ORD IT IS S ERED THE CASE MANAGEMENT CONFERENCE IS CONTINUED TO FEBRUARY 17, 2011 AT 2:00 P.M. RT U O S NO N F D IS T IC T O R A RT C 12/28/10 H

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