Western Towboat Company v. Vigor Marine LLC

Filing 125

ORDER granting Parties' 123 Stipulated Motion to Extend Deadline for Filing a Notice of Appeal and to Extend Stay of Execution. The deadline for filing a notice of appeal is extended by 30 days. The Rule 62(a) stay is extended from 2/7/2022 to 3/9/2022. Signed by Judge Ricardo S. Martinez. (SB)

Case 2:20-cv-00416-RSM Document 125 Filed 02/02/22 Page 1 of 3

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The Honorable Ricardo S. Martinez

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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WESTERN TOWBOAT COMPANY,

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Plaintiff,
v.
VIGOR MARINE, LLC,
Defendant.

IN ADMIRALTY
Case No. 2:20-cv-00416-RSM
STIPULATED MOTION TO EXTEND
FED. R. APP. P. 4 DEADLINE FOR
FILING A NOTICE OF APPEAL AND
TO EXTEND FED. R. CIV. P. 62(a)
STAY OF EXECUTION

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File Date: January 31, 2022
Motion for Extension of Deadline to File Notice of Appeal
The parties, Vigor Marine, LLC (“Vigor”) and Western Towboat Company
(“Western”), by and through their undersigned counsel of record, jointly move that this Court
order that the deadline of Fed. R. App. P. 4 for filing a notice of appeal be extended by 30
days. Under Fed. R. App. P. 4(a)(5)(A), the district court may extend the time to file a notice
of appeal if: (i) a party so moves no later than 30 days after the time prescribed by Rule 4(a)
expires; and (ii) that party shows excusable neglect or good cause. Because the Court entered
judgment in this case on January 7, 2022 (ECF No. 115), this motion for extension is timely
under Fed. R. App. P 4(a)(5)(A)(i). Regarding the good cause showing,

STIPULATED MOTION TO EXTEND FED. R. APP. P. 4 DEADLINE FOR FILING
A NOTICE OF APPEAL AND TO EXTEND FED. R. CIV. P. 62(a) STAY OF EXECUTION

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Case 2:20-cv-00416-RSM Document 125 Filed 02/02/22 Page 2 of 3

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the parties agree that their pending cross motions on entitlement to fees (ECF No. 117 and ECF

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No. 120) show good cause for an extension of the time to file a notice of appeal. Accordingly,

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the parties respectfully ask the Court to grant this motion and extend the deadline for a notice

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of appeal from the original February 7, 2022 deadline to March 9, 2022.

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Motion for Extension of Stay of Proceedings to Enforce a Judgment

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Federal Rule of Civil Procedure 62(a) provides for a 30-day stay of proceedings to
enforce a judgment “unless the court orders otherwise.” The parties agree that in light of the
their cross motions on entitlement to fees and the above motion for extension of the deadline to
file a notice of appeal, it is appropriate to extend the Rule 62(a) stay by 30 days. Accordingly,
the parties respectfully ask the court to grant this motion and extend the Rule 62(a) stay from
February 7, 2022 to March 9, 2022.
IT IS SO STIPULATED:
Dated this 31st day of January, 2022.

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SCHWABE, WILLIAMSON & WYATT, P.C.

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By:

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/s/ David R. Royajian
David R. Boyajian, WSBA #50195
Email: [e-mail]
Noah Jarrett, WSBA #31117
Email: [e-mail]
Adam P. Murray, WSBA #48553
Email: [e-mail]
Molly J Henry, WSBA #40818
Email: [e-mail]
Christopher H. Howard, WSBA #11074
Email: [e-mail]
Attorneys for Vigor Marine, LLC

Case 2:20-cv-00416-RSM Document 125 Filed 02/02/22 Page 3 of 3

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Dated this 31st day of January, 2022.

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GASPICH LAW OFFICE PLLC

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By:

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/s/ Anthony J. Gaspich
Anthony J. Gaspich, WSBA #19300
Email: [e-mail]
Co-Counsel for Plaintiff Western Towboat
Company

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Dated this 31st day of January, 2022.

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SIMMS SHOWERS LLP

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By:

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/s/ J. Stephen Simms
J. Stephen Simms, Pro Hac Vice
Email: [e-mail]
Co-Counsel for Plaintiff Western Towboat
Company

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APPROVED AND SO ORDERED this 2nd day of February, 2022.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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