Reming et al v. Holland America Inc et al

Filing 61

ORDER Granting 60 Joint Motion for Extension of Time, by Judge Robert S. Lasnik. Expert Witness Disclosure/Reports under FRCP 26(a)(2) ddl extended to 9/24/2012. (CL)

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HON. ROBERT S. LASNIK

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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GARY REMING and PATRICIA REMING

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Plaintiffs,
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JOINT MOTION AND ORDER EXTENDING
THE DEADLINE TO PROVIDE REPORTS
FROM EXPERT WITNESSESS

v.

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NO. 2:11-cv-1609 RSL

HOLLAND AMERICA LINE INC., a
Washington corporation; HOLLAND
AMERICA LINE N.V., a foreign corporation;
HAL ANTILLEN N.V., a foreign corporation;
and HAL NEDERLAND N.V., a foreign
corporation;

NOTED ON MOTION CALENDAR:
August 7, 2012

Defendants.

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This is a maritime action arising out of injuries sustained by Plaintiff Gary Reming on
November 30, 2010 while he and his wife Patricia were attending a shore excursion in Mazatlan,
Mexico as part of a Holland America Line cruise.

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LAW OFFICES OF
JAMES S. ROGERS

JOINT MOTION & ORDER EXTENDING THE DEADLINE
TO PROVIDE REPORTS FROM EXPERT WITNESSES
CASE NO.: 2:11-cv-1609 RSL - 1

1500 Fourth Avenue, Site. 500
Seattle, WA 98101
[phone] Phone
[phone] Fax

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The current deadline to provide reports from expert witnesses in this matter is August 8,

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2012. The parties have conferred and agreed that an extension of the deadline to provide reports

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from expert witnesses in this matter would be appropriate and is likely necessary in order to

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provide meaningful expert disclosures.

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Discovery in this case has been complicated by the fact that witnesses are in Mexico, and

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additional depositions need to be taken. In addition, service of process has not yet been made

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upon Tropical Tours under the Hague Convention due to unexpected difficulties posed by

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service in Mexico as previously explained to the Court. (See Amended Motion for Appointment

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of Special Process Server, Dkt. No. 47.) Furthermore, Plaintiff and the Holland America parties

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will be mediating this matter on September 19, 2012, and as such, the parties believe expert

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disclosures after mediation rather than before, would preserve resources and allow the parties to

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focus on resolution of this matter. By and through their respective counsel, the parties therefore

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respectfully request that the court extend the deadline to provide reports from expert witnesses

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by forty-five days, or from August 8, 2012, until September 24, 2012.

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Dated: August 7, 2012

LAW OFFICES OF JAMES S. ROGERS

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s/James S. Rogers
s/Dana A. Henderson
JAMES S. ROGERS, WSBA #5335
DANA A. HENDERSON, WSBA#32507
1500 Fourth Avenue, Suite 500
Seattle, WA 98101
Phone: [phone]
Attorneys for Plaintiffs

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LAW OFFICES OF
JAMES S. ROGERS

JOINT MOTION & ORDER EXTENDING THE DEADLINE
TO PROVIDE REPORTS FROM EXPERT WITNESSES
CASE NO.: 2:11-cv-1609 RSL - 2

1500 Fourth Avenue, Site. 500
Seattle, WA 98101
[phone] Phone
[phone] Fax

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CADENA CHURCHILL, LLP

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s/Raul Cadena
s/Gordon S. Churchill
GORDON S. CHURCHILL, Pro Hac Vice
RAUL CADENA, Pro Hac Vice
701 “B” Street, Suite 1400
San Diego, CA 92101
Phone: [phone]
Attorneys for Plaintiffs

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Dated: August 7, 2012

NIELSEN SHIELDS, PLLC

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s/Louis A. Shields
LOUIS A. SHIELDS, WSBA #25740
600 Stewart Street Ste. 1703
Seattle, WA 98191
Phone: [phone]
Attorneys for Defendants

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ORDER

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THIS MATTER having come before the undersigned Judge based upon the parties’

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foregoing stipulation and the Court having reviewed the files and records herein and deeming

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itself fully advised, NOW THEREFORE, it is hereby ORDERED:

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1.

The Court will extend the deadline for providing reports from expert witnesses

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from August 8, 2012 to September 24, 2012 in the instant litigation.
DATED this 13th day of August, 2012.

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A
Robert S. Lasnik
United States District Judge 
LAW OFFICES OF
JAMES S. ROGERS

JOINT MOTION & ORDER EXTENDING THE DEADLINE
TO PROVIDE REPORTS FROM EXPERT WITNESSES
CASE NO.: 2:11-cv-1609 RSL - 3

1500 Fourth Avenue, Site. 500
Seattle, WA 98101
[phone] Phone
[phone] Fax

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PRESENTED BY:

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s/ James S. Rogers
___________
s/Dana A. Henderson
Law Offices of James S. Rogers
James S. Rogers, WSBA #5335
Dana A. Henderson, WSBA # 32507
Attorneys for Plaintiffs

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CADENA CHURCHILL, LLP

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s/Raul Cadena
s/Gordon S. Churchill
GORDON S. CHURCHILL, Pro Hac Vice
RAUL CADENA, Pro Hac Vice
701 “B” Street, Suite 1400
San Diego, CA 92101
Phone: [phone]
Attorneys for Plaintiffs

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Approved as to Form and Content:

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NIELSEN SHIELDS, PLLC

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s/Louis A. Shields
LOUIS A. SHIELDS, WSBA #25740
600 Stewart Street Ste. 1703
Seattle, WA 98191
Phone: [phone]
Attorneys for Defendants

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LAW OFFICES OF
JAMES S. ROGERS

JOINT MOTION & ORDER EXTENDING THE DEADLINE
TO PROVIDE REPORTS FROM EXPERT WITNESSES
CASE NO.: 2:11-cv-1609 RSL - 4

1500 Fourth Avenue, Site. 500
Seattle, WA 98101
[phone] Phone
[phone] Fax