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

Filing 63

ORDER EXTENDING DISCOVERY DEADLINES. Signed by Magistrate Judge Donna M. Ryu on 11/05/13. (dmrlc2, COURT STAFF) (Filed on 11/5/2013)

Download PDF
Case4:12-cv-02701-DMR Document61 Filed10/31/13 Page1 of 3 1 2 3 4 5 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 6 7 8 9 11 ATTORNEYS AT LAW 343 SANSIOME STREET, SUITE 540 SAN FRANCISCO, CALIFORNIA 94104 (415) 693-5566 FLYNN, DELICH & WISE LLP 10 12 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 13 14 IN THE UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 17 18 19 20 21 22 23 DEBORAH SANTANA-WATTS ) ) ) Plaintiff, ) ) vs. ) ADMIRAL LINE (UK) LIMITED; ZODIAC ) ) MARITIME AGENCIES LIMITED AND ) DOES 1 THROUGH 20 ) ) ) 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 24 25 The parties, plaintiff, Deborah Santana-Watts, and defendants, Admiral Line Limited and 26 Zodiac Maritime Agencies Limited, by and through their counsel of record, submit this stipulation 27 and proposed order to further extend the discovery deadline and the date to disclose expert 28 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 1 Case4:12-cv-02701-DMR Document61 Filed10/31/13 Page2 of 3 1 2 1. Currently, the parties stipulated to extend non-expert discovery and for the disclosure of expert witnesses and reports to October 31, 2013. 3 2. The parties recently participated in further mediation conference with Jonathan D. 4 Schmidt, who at the time of his appointment as the Northern District ADR panel mediator in this 5 case was an Assistant U.S. Attorney for the Northern District of California. The parties made 6 substantial progress at the conference including Defendants agreeing to provide certain discovery 7 that would save the parties certain expenses. The parties agree that Plaintiff’s expert would like to 8 have an opportunity to review the additional information before providing an expert report. Mr. 9 Schmidt has scheduled a follow-up conference call to continue negotiations for November 13, 11 ATTORNEYS AT LAW 343 SANSIOME STREET, SUITE 540 SAN FRANCISCO, CALIFORNIA 94104 (415) 693-5566 FLYNN, DELICH & WISE LLP 10 2013. 3. Prior to the deadline for non-expert discovery, the defendants noticed the 12 depositions of two potential longshore witnesses and the plaintiff requested an inspection of the 13 vessel on which plaintiff’s accident occurred. The parties agreed to postpone the depositions until 14 a time following the mediation session and for a time that the schedule of plaintiff’s counsel could 15 accommodate. As to the vessel inspection, counsel for the defendants agreed to provide 16 photographs of the vessel with loaded cargo configured similar to the way the vessel was loaded at 17 the time of the accident. As of today, the Ship’s representatives have not been able to take such 18 photographs. In addition the depositions of the two witnesses are scheduled to occur on October 19 31, 2013, and their deposition transcripts will not be prepared for at minimum another two weeks. 20 4. Although the defendants are in a position to disclose experts and produce reports 21 by the current deadline, the plaintiff will not be in that position until the additional information is 22 provided. 23 5. 24 25 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. 6. Neither party intends to file a dispositive motion. Thus, the only other currently 26 scheduled deadlines that would be affected by this request are those relating to the disclosure of 27 rebuttal expert witnesses and the depositions of expert witnesses. The parties request that the 28 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 2 Case4:12-cv-02701-DMR Document61 Filed10/31/13 Page3 of 3 1 2 3 7. 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. 4 5 Dated: October 30, 2013 LAW OFFICES OF MARYLON M. BOYD 6 /s/ Marylon M. Boyd By_______________________ Marylon M. Boyd Attorney for Plaintiff DEVBORAH SANTANA-WATTS 7 8 9 Dated: October 30, 2013 FLYNN, DELICH & WISE LLP 11 ATTORNEYS AT LAW 343 SANSIOME STREET, SUITE 540 SAN FRANCISCO, CALIFORNIA 94104 (415) 693-5566 FLYNN, DELICH & WISE LLP 10 12 /s/ James B. Nebel By_______________________ James B. Nebel Attorneys for Defendants ADMIRAL LINE LIMTED and ZODIAC MARITIME AGENCIES LIMITED 13 14 15 16 17 18 19 20 21 22 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. 23 24 25 26 27 28 _____________________________________________________________________________________________ STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES FOR DISCOVERY AND DISCLOSURES OF EXPERT WITNESSES Case No. C 12-02701 DMR 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?