-1- Case No. CV 09-01669 JL

STIPULATION TO CONTINUE DISCLOSURE OF EXPERT TESTIMONY 

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COX, WOOTTON, 

GRIFFIN, HANSEN 

& POULOS, LLP

190 THE EMBARCADERO 

SAN FRANCISCO, CA 

94105 

TEL: 415-438-4600 

FAX: 415-438-4601 

CONOCO.Jewell 

COX, WOOTTON, GRIFFIN, 

HANSEN & POULOS, LLP 

Terence S. Cox (SBN 076142) 

Max L. Kelley (SBN 204943) 

190 The Embarcadero 

San Francisco, CA 94105 

Telephone No.: 415-438-4600 

Facsimile No.: 415-438-4601

Attorneys for Defendants 

POLAR TANKERS, INC. and 

CONOCOPHILLIPS CO. 

Lyle C. Cavin, Jr. (SBN 44958)

LAW OFFICES OF LYLE C. CAVIN, JR. 

201 Fourth Street, Suite 102 

Oakland, CA 94607 

(510) 444-2501 

Attorneys for Plaintiff DAVID JEWELL 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

DAVID JEWELL 

 Plaintiff, 

 v. 

POLAR TANKERS, INC., 

CONOCOPHILLIPS COMPANY and 

Does One through Ten, Inclusive 

 Defendants. ___________________________________

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Case No.: CV 09-01669 JL

STIPULATION TO CONTINUE 

DEADLINE FOR DISCLOSURE 

OF EXPERT TESTIMONY AND 

[PROPOSED] ORDER THEREON

 

STIPULATION

 IT IS HEREBY STIPULATED by the parties to this action by and through their 

respective counsel that good cause exists to continue the Expert Disclosure Deadline by 

approximately 21 days in the interests of justice and judicial economy based in part upon 

the following: 

(1) This is a maritime personal injury action arising out the plaintiff’s slip-and-fall 

while he was working aboard the defendants’ vessel in December 2008. The 

Case 3:09-cv-01669-JL Document 33 Filed 04/27/10 Page 1 of 3 Case3:09-cv-01669-JL Document32 Filed04/27/10 Page1 of 3
-2- Case No. CV 09-01669 JL

STIPULATION TO CONTINUE DISCLOSURE OF EXPERT TESTIMONY 

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COX, WOOTTON, 

GRIFFIN, HANSEN 

& POULOS, LLP

190 THE EMBARCADERO 

SAN FRANCISCO, CA 

94105 

TEL: 415-438-4600 

FAX: 415-438-4601 

CONOCO.Jewell 

plaintiff has alleged causes of action for Jones Act negligence, unseaworthiness, and 

maintenance and cure, and that the defendants are responsible for his alleged 

resulting damages. The defendants deny they are responsible for the damages. 

(2) Trial is scheduled for July 19, 2010; 

(3) On February 10, 2010, counsel for the parties attended a Case Management 

Conference during which pre-trial deadlines were set by the Court, including May 1, 

2010, as the deadline for expert disclosures pursuant to Fed. R. Civ. Proc. 26; 

(4) The parties have been diligent in conducting discovery to date and have almost 

completed lay discovery. They have exchanged extensive written discovery and 

taken more than 10 percipient witness depositions, including the plaintiff’s. Two 

more depositions are being scheduled to take place this week. 

(5) The recent motion practice regarding the self-critical analysis privilege has delayed 

the deposition of the defendants’ Person Most Knowledgeable regarding it rootcause analysis, although that deposition is in the process of being scheduled to go 

forward this week. 

(6) Plaintiff has also recently claimed he is entitled to psychotherapy therapy 

treatments, which the defendants have authorized. The plaintiff’s claim, however, 

has meant that the defendants have had to retain an expert psychotherapist and 

arrange for an IME of the plaintiff to assess his mental condition 

(7) In light of the extended deposition schedule and further expert discovery, it makes 

sense for the parties’ expert disclosures to be exchanged after the depositions and 

expert discovery have been completed in the next few weeks so that the experts will 

have the benefit of that additional information. 

(8) The parties therefore agree that the deadline for expert disclosures shall be 

continued from May 1, 2010 to May 21, 2010, and without the need to continue the 

current trial date. 

(9) The expert disclosure date was previously continued from January 26, 2010 to 

March 12, 2010, and the trial date was previously continued from April 26, 2010 to 

Case 3:09-cv-01669-JL Document 33 Filed 04/27/10 Page 2 of 3 Case3:09-cv-01669-JL Document32 Filed04/27/10 Page2 of 3
-3- Case No. CV 09-01669 JL

STIPULATION TO CONTINUE DISCLOSURE OF EXPERT TESTIMONY 

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COX, WOOTTON, 

GRIFFIN, HANSEN 

& POULOS, LLP

190 THE EMBARCADERO 

SAN FRANCISCO, CA 

94105 

TEL: 415-438-4600 

FAX: 415-438-4601 

CONOCO.Jewell 

July 19, 2010. The parties do not anticipate any further continuances of the trial 

or pre-trial dates.

(10) Based upon the above, counsel for the parties submit that good cause exists in the 

interest of justice and judicial economy to grant the request. 

CONCLUSION

 Based upon the above, the parties respectfully request that the Court continue the 

deadline for the Disclosure of Expert Testimony to May 21, 2010. 

 Respectfully Submitted, 

Dated: April 27, 2010 

LAW OFFICES OF LYLE C. CAVIN, JR. 

Attorneys for Plaintiff DAVID JEWELL 

 

By: _____/S/ _____________ 

 Lyle C. Cavin, Jr. 

Dated: April 27, 2010 

COX, WOOTTON, GRIFFIN, 

HANSEN & POULOS, LLP 

Attorneys for Defendants 

POLAR TANKERS, INC. and CONOCOPHILLIPS COMPANY 

By: ___/S/ ____________ 

Max L. Kelley 

[PROPOSED] ORDER

PURSUANT TO STIPULATION IT IS HEREBY ORDERED THAT the 

deadline for the Disclosure of Expert Testimony is continued from May 1, 2010 to May 21, 

2010. 

IT IS SO ORDERED.

Date: ____________________, 2010 By: ________________________________ 

 Magistrate James Larson 

 United States District Court 

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