Santana-Watts v. Mitsui & Co. (U.S.A.), Inc. et al

Filing 60

Order by Magistrate Judge Donna M. Ryu granting 59 Stipulation .(dmrlc2, COURT STAFF) (Filed on 9/25/2013)

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Marylon M. Boyd (Bar No. 139642)
LAW OFFICES OF MARYLON M. BOYD
2201 Broadway Street, Suite 815
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for Plaintiff
DEBORAH SANTANA-WATTS

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ATTORNEYS AT LAW
343 SANSIOME STREET, SUITE 540
SAN FRANCISCO, CALIFORNIA 94104
[phone]

FLYNN, DELICH & WISE LLP

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James B. Nebel (Bar No. 69626)
Jeanine Steele Tede (Bar No. 177731)
FLYNN, DELICH & WISE LLP
343 Sansome Street, Suite 540
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendants
ADMIRAL LINE LIMTED and
ZODIAC MARITIME AGENCIES LIMITED

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IN THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DEBORAH SANTANA-WATTS

)
)
)
Plaintiff,
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vs.
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ADMIRAL LINE (UK) LIMITED; ZODIAC )
)
MARITIME AGENCIES LIMITED AND
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DOES 1 THROUGH 20
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)
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Defendants.
______________________________________ )

Case No.: C 12-02701 DMR
STIPULATION AND [PROPOSED]
ORDER TO EXTEND DEADLINES FOR
DISCOVERY AND DISCLOSURES OF
EXPERT WITNESSES
Complaint Filed: May 25, 2012
Trial Date: February 8, 2014

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The parties, plaintiff, Deborah Santana-Watts, and defendants, Admiral Line Limited and

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Zodiac Maritime Agencies Limited, by and through their counsel of record, submit this stipulation

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and proposed order to extend the discovery deadline and the date to disclose expert witnesses and

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reports. The stipulation and request for an order are based upon the following:
_____________________________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES FOR DISCOVERY AND
DISCLOSURES OF EXPERT WITNESSES
Case No. C 12-02701 DMR

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1.

Currently, September 24, 2013, is the date that the Court set for the close of non-

expert discovery and for the disclosure of expert witnesses and reports.

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2.

The parties recently participated in a mediation session with Jonathan D. Schmidt,

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who at the time of his appointment as the Northern District ADR panel mediator in this case was

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an Assistant U.S. Attorney for the Northern District of California. The parties made substantial

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progress at the mediation session, exchanging numerous offers and counter-offers, but the case did

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not settle. Mr. Schmidt has scheduled a follow-up conference call to continue negotiations for

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October 7, 2013.

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3.

Prior to the deadline for non-expert discovery, the defendants noticed the

depositions of two potential longshore witnesses and the plaintiff requested an inspection of the

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ATTORNEYS AT LAW
343 SANSIOME STREET, SUITE 540
SAN FRANCISCO, CALIFORNIA 94104
[phone]

FLYNN, DELICH & WISE LLP

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vessel on which plaintiff’s accident occurred. The parties agreed to postpone the depositions until

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a time following the mediation session and for a time that the schedule of plaintiff’s counsel could

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accommodate. As to the vessel inspection, counsel for the defendants has ascertained that the

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vessel is currently at sea, sailing between ports in the Far East. It is not currently scheduled to call

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at the Port of Oakland, but is scheduled to call at the Port of Tacoma, Washington, on or about

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October 21, 2013. Although the defendants are in a position to disclose experts and produce

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reports by the current deadline, the plaintiff will not be in that position until the planned vessel

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inspection can be completed.

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4.

Under the circumstances, the parties request that the non-expert discovery deadline

and the date for expert disclosures and reports be extended until October 31, 2013.

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5.

Neither party intends to file a dispositive motion. Thus, the only other currently

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scheduled deadlines that would be affected by this request are those relating to the disclosure of

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rebuttal expert witnesses and the depositions of expert witnesses. The parties request that those

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deadlines, which are currently set for October 8, 2013 and October 22, 2013, respectively, be

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extended to November 15, 2013 and November 30, 2013, respectively.

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_____________________________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES FOR DISCOVERY AND
DISCLOSURES OF EXPERT WITNESSES
Case No. C 12-02701 DMR

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6.

These extensions will give the parties the further opportunity to fully explore

settlement opportunities prior to their beginning of their preparation for trial.
THE PARTIES SO STIPULATE.

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Dated: September 24, 2013

LAW OFFICES OF MARYLON M. BOYD

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/s/ Marylon M. Boyd
By_______________________
Marylon M. Boyd
Attorney for Plaintiff
DEVBORAH SANTANA-WATTS

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Dated: September 24, 2013

FLYNN, DELICH & WISE LLP

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ATTORNEYS AT LAW
343 SANSIOME STREET, SUITE 540
SAN FRANCISCO, CALIFORNIA 94104
[phone]

FLYNN, DELICH & WISE LLP

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/s/ James B. Nebel
By_______________________
James B. Nebel
Attorneys for Defendants
ADMIRAL LINE LIMTED and
ZODIAC MARITIME AGENCIES LIMITED

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ORDER
Pursuant to the foregoing stipulation, the Court GRANTS the parties’ request and extends

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the non-expert discovery deadline and the date for expert disclosures and reports until October 31,

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2013. In addition, the Court extends the deadlines for the disclosure of rebuttal expert witnesses

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and the depositions of expert witnesses to November 15, 2013 and November 30, 2013,

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respectively.

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IT IS SO ORDERED.

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Dated: September

__, 2013

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UNITED STATES MAGISTRATE JUDGE

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_____________________________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES FOR DISCOVERY AND
DISCLOSURES OF EXPERT WITNESSES
Case No. C 12-02701 DMR

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