Santana-Watts v. Mitsui & Co. (U.S.A.), Inc. et al
Filing
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ORDER EXTENDING DISCOVERY DEADLINES. Signed by Magistrate Judge Donna M. Ryu on 11/05/13. (dmrlc2, COURT STAFF) (Filed on 11/5/2013)
Case4:12-cv-02701-DMR Document61 Filed10/31/13 Page1 of 3
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Marylon M. Boyd (Bar No. 139642)
LAW OFFICES OF MARYLON M. BOYD
385 Grand Avenue, Suite 201
Oakland, California 94610
Telephone: (510) 653-8772
Facsimile: (510) 663-8781
lawofficeofmarylonboyd@yahoo.com
Attorney for Plaintiff
DEBORAH SANTANA-WATTS
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ATTORNEYS AT LAW
343 SANSIOME STREET, SUITE 540
SAN FRANCISCO, CALIFORNIA 94104
(415) 693-5566
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: (415) 693-5566
Facsimile: (415) 693-0410
jamesn@fdw-law.com
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
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Plaintiff,
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vs.
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ADMIRAL LINE (UK) LIMITED; ZODIAC )
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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 FURTHER 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 further extend the discovery deadline and the date to disclose expert
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witnesses and 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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Case4:12-cv-02701-DMR Document61 Filed10/31/13 Page2 of 3
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1.
Currently, the parties stipulated to extend non-expert discovery and for the
disclosure of expert witnesses and reports to October 31, 2013.
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2.
The parties recently participated in further mediation conference with Jonathan D.
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Schmidt, who at the time of his appointment as the Northern District ADR panel mediator in this
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case was an Assistant U.S. Attorney for the Northern District of California. The parties made
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substantial progress at the conference including Defendants agreeing to provide certain discovery
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that would save the parties certain expenses. The parties agree that Plaintiff’s expert would like to
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have an opportunity to review the additional information before providing an expert report. Mr.
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Schmidt has scheduled a follow-up conference call to continue negotiations for November 13,
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ATTORNEYS AT LAW
343 SANSIOME STREET, SUITE 540
SAN FRANCISCO, CALIFORNIA 94104
(415) 693-5566
FLYNN, DELICH & WISE LLP
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2013.
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Prior to the deadline for non-expert discovery, the defendants noticed the
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depositions of two potential longshore witnesses and the plaintiff requested an inspection of the
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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 agreed to provide
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photographs of the vessel with loaded cargo configured similar to the way the vessel was loaded at
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the time of the accident. As of today, the Ship’s representatives have not been able to take such
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photographs. In addition the depositions of the two witnesses are scheduled to occur on October
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31, 2013, and their deposition transcripts will not be prepared for at minimum another two weeks.
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4.
Although the defendants are in a position to disclose experts and produce reports
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by the current deadline, the plaintiff will not be in that position until the additional information is
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provided.
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5.
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Under the circumstances, the parties request that the non-expert discovery deadline
and the date for expert disclosures and reports be extended until November 29, 2013.
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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 the
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deadline for non-expert and expert disclosure be extended to November 29, 2013.
_____________________________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES FOR DISCOVERY AND
DISCLOSURES OF EXPERT WITNESSES
Case No. C 12-02701 DMR
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Case4:12-cv-02701-DMR Document61 Filed10/31/13 Page3 of 3
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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: October 30, 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: October 30, 2013
FLYNN, DELICH & WISE LLP
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ATTORNEYS AT LAW
343 SANSIOME STREET, SUITE 540
SAN FRANCISCO, CALIFORNIA 94104
(415) 693-5566
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
disclosure
the non-expert and expert discovery deadline in this matter through November 29, 2013.
IT IS SO ORDERED.
November 5,
Dated: October __, 2013
___________________________________
UNITED STATES MAGISTRATE JUDGE
The expert discovery deadline
is December 15, 2013.
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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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