Opinion
3:22-cv-05228-TMC
09-25-2023
UNITED STATES FIRE INSURANCE COMPANY, a Delaware corporation; ENDURANCE AMERICAN INSURANCE COMPANY, a Delaware corporation; NAVIGATORS INSURANCE COMPANY, a New York corporation; and AGRICO SALES, INC., a Texas corporation, Plaintiffs, v. OXBO, INC. d/b/a OXBO MEGA TRANSPORT SOLUTIONS, an Oregon corporation; and OXBO ENGINEERING, LLC, an Oregon limited liability company, Defendants, v. ALEXANDER GOW, INC., an Oregon corporation and a Washington corporation, CSL GLOBAL LIMITED d/b/a CSL NORTH AMERICA, a Texas corporation, and a Louisiana corporation, WESTERN TOWBOAT COMPANY, a Washington corporation, Third-Party Defendants.
HOLMES WEDDLE & BARCOTT, P.C., Michael A. Barcott, Daniel P. Barcott, Svetlana P. Spivak, Attorneys for Defendant Oxbo, Inc. d/b/a OXBO MEGA TRANSPORT SOLUTIONS BAUER MOYNIHAN & JOHNSON LLP, Thomas G. Waller, Donald McLean, Meliha Jusupovic, Attorneys for third party defendant Western Towboat Company HARRIGAN LEYH FARMER & THOMSEN LLP, Michelle Buhler, Charles S. Jordan, Attorney for plaintiffs United States Fire Insurance Company et al. DAVIS ROTHWELL EARLE & XOCHIHUA, P.C., Christopher M. Parker, Attorney for defendant Oxbo Engineering, LLC LINDSAY HART, LLP, James McCurdy, Attorney for third party defendant Alexander Gow, Inc.
IN ADMIRALTY
HOLMES WEDDLE & BARCOTT, P.C., Michael A. Barcott, Daniel P. Barcott, Svetlana P. Spivak, Attorneys for Defendant Oxbo, Inc. d/b/a OXBO MEGA TRANSPORT SOLUTIONS
BAUER MOYNIHAN & JOHNSON LLP, Thomas G. Waller, Donald McLean, Meliha Jusupovic, Attorneys for third party defendant Western Towboat Company
HARRIGAN LEYH FARMER & THOMSEN LLP, Michelle Buhler, Charles S. Jordan, Attorney for plaintiffs United States Fire Insurance Company et al.
DAVIS ROTHWELL EARLE & XOCHIHUA, P.C., Christopher M. Parker, Attorney for defendant Oxbo Engineering, LLC
LINDSAY HART, LLP, James McCurdy, Attorney for third party defendant Alexander Gow, Inc.
UNOPPOSED (STIPULATED) MOTION TO CONTINUE CERTAIN PRE-TRIAL DATES AND ORDER
Tiffany M. Cartwright, United States District Court Judge
All the parties to this action jointly ask this Honorable Court to continue the following pre-trial deadlines:
Event
Current Deadline
Proposed New Deadline
Expert Reports
October 11, 2023
November 10, 2023
Rebuttal Reports
November 11, 2023
December 11, 2023
Discovery Cutoff
December 11, 2023
January 5, 2024
The trial date and other pre-trial deadlines shall remain unchanged.
This case involves an alleged loss of $6,314,000.00. See Complaint, Dkt.1, para. 14. Coordinating calendars of the numerous parties has been rather challenging. Moreover, the case involves complicated issues of contractual disputes, lashing plans for heavy industrial equipment transported on navigable waters, marine engineering, historical weather and other discovery issues. Documents produced in discovery to date are nearing seventy thousand pages, as well as and numerous schematics and calculations.
Thus, this additional time is required to complete depositions necessary for the experts to issue their opinions, and for the parties to gather sufficient information to be able to meaningfully prepare for trial. The continuance is for one month only and will not affect the trial date. The parties and counsel agree the request for continuance does not result from lack of diligence.
Therefore, the parties respectfully ask that the Scheduling Order be amended to reflect the stipulated deadlines as outlined above.
ORDER
It is so ordered.