Kahue v. Pacific Environmental Corporation et al

Filing 270

ORDER GRANTING INTERVENOR'S REQUEST TO POSTPONE PARTICIPATION AT TRIAL UNTIL AN AWARD HAS BEEN MADE AND THE EXTENT OF INTERVENOR'S LIEN MAY BE DETERMINED: "IT IS ORDERED that: 1. The intervenor may be excused from participation at t rial, although it will be bound by the Court's rulings on matters that arise prior to an award, and during any part of the trial from which the intervenor has requested the Court excuse its presence. 2. The intervenor's agreement to be bou nd without objection to the Court's rulings does not apply if the intervenor is called upon to produce a witness to testify during the liability phase of trial (which the intervenor has agreed to do if the plaintiff and defendants are unable to stipulate to the amount of the lien), at which point the intervenor may fully represent its witness during the witness's testimony. 3. The intervenor's agreement to be bound also does not apply to limit or enlarge any rights that arise afte r an award has been made." Signed by District JUDGE LESLIE E. KOBAYASHI on March 29, 2012. (bbb, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

THOMAS, QUINN & KRIEGER, L.L.P.
Lynn L. Krieger (SBN 209592)
Lara D. Merrigan (SBN 250926)
500 Sansome Street, Suite 450
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
Attorneys for Intervenor,
COMMERCE AND INDUSTRY INSURANCE COMPANY
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
CIVIL NO. 10-cv-00001-LEK-KSC

CEDRIC K. KAHUE,

ORDER GRANTING
INTERVENOR’S REQUEST TO
POSTPONE PARTICIPATION AT
TRIAL UNTIL AN AWARD HAS
BEEN MADE AND THE EXTENT
OF INTERVENOR’S LIEN MAY
BE DETERMINED

Plaintiff,
v.
PACIFIC ENVIRONMENTAL
CORPORATION and JOHN DOES 120; MARY DOES 1-20; DOE
PARTNERSHIPS 1-20; DOE
ASSOCIATES 1-20; DOE
GOVERNMENTAL AGENCIES 1-20;
and OTHER ENTITIES 1-20, In
Personam, and the
M/V PENCO 1, and M/V PENCO 2,
and their engines, equipment, tackle,
stores, furnishings, cargo and freight,
and DOE VESSELS 1-20, In Rem,
Defendants.
COMMERCE AND INDUSTRY
INSURANCE COMPANY,
Intervenor.
[PROPOSED] ORDER

Case No. CV 10-00001-LEK-KSC
-1-

Having considered the Intervenor’s Request To Postpone Participation At
Trial Until An Award Has Been Made And The Extent Of Intervenor’s Lien
May Be Determined, and good cause appearing therefor:
IT IS ORDERED that:
1.

The intervenor may be excused from participation at trial,
although it will be bound by the Court’s rulings on matters that arise
prior to an award, and during any part of the trial from which the
intervenor has requested the Court excuse its presence.

2.

The intervenor’s agreement to be bound without objection to the
Court’s rulings does not apply if the intervenor is called upon to produce
a witness to testify during the liability phase of trial (which the intervenor
has agreed to do if the plaintiff and defendants are unable to stipulate to
the amount of the lien), at which point the intervenor may fully represent
its witness during the witness’s testimony.

3.

The intervenor’s agreement to be bound also does not apply to
limit or enlarge any rights that arise after an award has been made.

DATED: Honolulu, Hawaii, March 29, 2012.

/s/ Leslie E. Kobayashi
Leslie E. Kobayashi
United States District Judge

[PROPOSED] ORDER

Case No. CV 10-00001-LEK-KSC
-2-