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Stipulation And [Proposed] Order to Extend the Trial Date and Mediation Deadline

Case No. C09-1035 MMC)

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LYLE C. Cavin, JR., SBN 44958

CHRISTOPHER W. GOODROE, SBN 224386

LAW OFFICES OF LYLE C. CAVIN, JR.

201 Fourth Street, Suite 102

Oakland, California 94607

Telephone: (510) 444-2501

Facsimile: (510) 444-4209

Attorneys for Plaintiff

DALE GIBSON

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DALE GIBSON,

Plaintiff,

Case No. C09-1035 MMC

v. STIPULATION AND [PROPOSED]

ORDER TO EXTEND THE TRIAL DATE

AND MEDIATION DEADLINE

UNITED STATES OF AMERICA,

Defendants.

Plaintiff, DALE GIBSON, and Defendant, UNITED STATES OF

AMERICA, hereby stipulate to extend the trial date and deadline

; ORDER

EXTENDING MEDIATION DEADLINE

Case 3:09-cv-01035-MMC Document 24 Filed 07/12/10 Page 1 of 5
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Stipulation And [Proposed] Order to Extend the Trial Date and Mediation Deadline

Case No. C09-1035 MMC)

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to mediate this matter. Currently the trial is set for November

1, 2010, and mediation deadline is July 16, 2010. The parties

have stipulated to move the trial date out 90 days to February

1, 2011, and move the mediation deadline 90 days to October 16,

2010.

Good cause for this extension exists due to the fact that

this is a Jones Act personal injury case where both the

witnesses and the plaintiff have been at sea for extended

amounts of time. Up until recently it was unknown as to when

plaintiff was to return. Additionally the vessel, the S.S. CAPE

JACOB, where the injury occurred is permanently stationed in the

far east at various ports.

Although bother parties have worked together to complete

discovery the main issue is in attempting to locate shipboard

witnesses at the time of the incident. To date plaintiff’s

deposition has been completed as well as significant written

discovery. However, both parties have been unable to locate the

crewmembers that were aboard the S.S. CAPE JACOB when plaintiff

sustained his injury.

Additionally, plaintiff has been informed that the S.S.

CAPE JACOB is an active duty military contracted vessel, and as

such, plaintiff is not permitted to board and inspect the cargo

Case 3:09-cv-01035-MMC Document 24 Filed 07/12/10 Page 2 of 5
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Stipulation And [Proposed] Order to Extend the Trial Date and Mediation Deadline

Case No. C09-1035 MMC)

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holds where the injury occurred. The cargo holds contain

ammunition and are off-limits. Subsequently plaintiff and

defendant have been attempting to secure a “sister ship” of the

S.S. CAPE JACOB in question in order to conduct an examination

of “a like” cargo hold. These attempts thus far have been

unsuccessful.

Despite the above issues both parties feel that this

requested extension will be necessary so that a meaningful

mediation can take place. The parties have agreed to

participate in private mediation, and a private mediator has

been selected. Currently the mediation deadline is set for July

16, 2010, however without depositions of crewmembers who were

aboard the CAPE JACOB at the time of injury mediation before

July 16 will not be fruitful. It is anticipated that these

depositions will identify the cargo hold configuration,

including descriptions of the ladder from which plaintiff fell.

Court assigned mediator, Mark Penskar, has been contracted

and agrees with extending the mediation date as well as allowing

the parties to engage in private mediation.

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Case 3:09-cv-01035-MMC Document 24 Filed 07/12/10 Page 3 of 5
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Stipulation And [Proposed] Order to Extend the Trial Date and Mediation Deadline

Case No. C09-1035 MMC)

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Dated: July 6, 2010 LAW OFFICES OF LYLE C. CAVIN, JR.

By: /s/

Christopher W. Goodroe

Attorneys for Plaintiff

Dale Gibson

Dated: July 6, 2010 UNITED STATES OF AMERICA

By: /s/

R. Scott Blaze

Attorney for Defendant

United States of America

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Stipulation And [Proposed] Order to Extend the Trial Date and Mediation Deadline

Case No. C09-1035 MMC) 

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ORDER OF THE COURT 

GOOD CAUSE having been shown, the mediation deadline in 

this case is to be extended 90-days. The new trial date is 

February 1, 2010 and the new mediation deadline is set for 

October 16, 2010.

Dated: _________________ 

 _______________________________ 

 MAXINE M. CHESNEY 

 FEDERAL DISTRICT COURT JUDGE 

The issue of whether the trial date should be continued, and, if so, to what date, will be

addressed at the August 6, 2010 Status Conference.

July 12, 2010

/s/ Vaughn R Walker for

Case 3:09-cv-01035-MMC Document 24 Filed 07/12/10 Page 5 of 5