In the Matter of In Re Foss Offshore Wind Holdings LLC and Foss Maritime Company LLC from or Limitation of Liability as owner of The M/V Rebekah

Filing 65

AMENDED MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES. Claimant Stephen Dufrene's amended motion to modify scheduling order, docket no. 63 , with which other parties in this action have agreed, see Stipulation (docket no. 64 ), is GRANTED, and the 55 Minute Order Setting Trial Date and Related Dates is amended as follows: Bench Trial (5 days) is set for 11/3/2025 before Judge Thomas S. Zilly. Joinder of Parties due by 3/10/2025, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 6/13/2025, Discovery Motions due by 6/25/2025, Discovery completed by 7/31/2025, Dispositive motions due by 8/14/2025, Motions related to expert witnesses due by 8/21/2025, Pretrial Order due by 10/17/2025, Proposed Findings of Fact and Conclusions of Law to be submitted by 10/17/2025, Trial briefs to be submitted by 10/17/2025, Pretrial Conference set for 10/24/2025 at 10:00 AM before Judge Thomas S. Zilly. Authorized by Judge Thomas S. Zilly. (MJV)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
In re the M/V REBEKAH, Official
No. 623866, and HER ENGINES,
MACHINERY, GEAR, TACKLE,
APPAREL, and APPURTENANCES

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C24-0237 TSZ

(consolidated with C24-0246 JNW)

AMENDED MINUTE ORDER
SETTING TRIAL DATE AND
RELATED DATES

The following Minute Order is made by direction of the Court, the Honorable
10 Thomas S. Zilly, United States District Judge:
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(1)
Claimant Stephen Dufrene’s amended motion to modify scheduling order,
docket no. 63, with which other parties in this action have agreed, see Stipulation (docket
12 no. 64), is GRANTED, and the Minute Order Setting Trial Date and Related Dates
entered February 11, 2025, docket no. 55, is amended as follows (altered dates appear in
13 red font):
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BENCH TRIAL DATE (5 days)
Deadline for joining parties and
amending pleadings
Disclosure of expert testimony pursuant to
Fed. R. Civ. P. 26(a)(2)

November 3, 2025
March 10, 2025
June 13, 2025

Discovery motions filing deadline

June 25, 2025

Discovery completion date

July 31, 2025

Dispositive motions filing deadline

August 14, 2025

Deadline for filing motions related to expert
testimony (e.g., Daubert motions)

August 21, 2025

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AMENDED MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES - 1

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Agreed pretrial order 1 due

October 17, 2025

Trial briefs 2 due

October 17, 2025

Proposed findings of fact and conclusions of law
and deposition testimony designations due

October 17, 2025

Pretrial conference scheduled for

October 24, 2025
at 10:00 a.m.

6 These dates are firm and may be changed only by order of the Court, and not by merely
the agreement of counsel or the parties. All other dates are specified in the Local Civil
7 Rules or Federal Rules of Civil Procedure. The Court will alter these dates only upon
good cause shown: failure to complete discovery within the time allowed is not generally
8 recognized as good cause.
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(2)
As required by LCR 37(a), all discovery matters are to be resolved by
agreement if possible. Counsel are further directed to cooperate in preparing the final
pretrial order in the format required by LCR 16.1, except as follows. Notwithstanding
LCR 16.1, the exhibit list shall be prepared in table format with the following columns:
“Exhibit Number,” “Description,” “Admissibility Stipulated,” “Authenticity Stipulated –
Admissibility Disputed,” “Authenticity Disputed,” and “Admitted.” The latter column is
for the Clerk’s convenience and shall remain blank, but the parties shall indicate the
status of an exhibit’s authenticity and admissibility by placing an “X” in the appropriate
column. Duplicate documents shall not be listed twice: once a party has identified an
exhibit in the pretrial order, any party may use it.
(3)
The original and one copy of the trial exhibits are to be delivered to the
courtroom at a time coordinated with Laurie Cuaresma, who can be reached at
206-370-8521, no later than the Friday before trial. Each set of exhibits shall be
submitted in a three-ring binder with appropriately numbered tabs. Each exhibit shall be
clearly marked. Claimant Stephen Dufrene’s exhibits shall be numbered consecutively
beginning with 1; the exhibits of Foss Offshore Wind Holdings, LLC and/or Foss
Maritime Company, LLC (collectively, the “Foss Entities”) shall be numbered
consecutively beginning with the next multiple of 100 after Dufrene’s last exhibit; the
exhibits of Magazine Tug, LLC (“Magazine”) and/or Tradewinds Towing, LLC
(“Tradewinds) shall be numbered consecutively beginning with the next multiple of 100

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The agreed pretrial order shall be filed in CM/ECF and shall also be attached as a Word21 compatible file to an e-mail sent to the following address: [e-mail].
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The parties shall not submit motions in limine. Evidentiary issues that are not raised in motions

22 relating to expert testimony should be addressed in the trial briefs.
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AMENDED MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES - 2

1 after the Foss Entities’ last exhibit. For example, if Dufrene’s last exhibit is numbered
159, then the Foss Entities’ exhibits shall begin with the number 200; if the Foss Entities’
2 last exhibit number is 321, then Magazine’s and/or Tradewinds’ exhibits shall begin with
the number 400.
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(4)
Counsel must be prepared to begin trial on the date scheduled, but should
4 understand that the trial might have to await the completion of other cases. If this case
settles, counsel shall notify chambers at 206-370-8830 as soon as possible.
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(5)
The Clerk is directed to send a copy of this Minute Order to all counsel of
record.
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Dated this 11th day of March, 2025.
Ravi Subramanian
Clerk
s/Laurie Cuaresma
Deputy Clerk

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AMENDED MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES - 3