STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL DATE AND ASSOCIATED DEADLINES

JON S. TIGAR, District Judge.

Plaintiff MEN NGUYEN, Surviving Spouse of TOAN TRAN ("Plaintiff") and Defendant OCEAN ANGEL IV, LLC, in personam, and the Fishing Vessel, OCEAN ANGEL IV, and her engines, tackle, apparel, etc., in rem ("Defendants") hereby jointly submit this Stipulation and Proposed Order to Continue Trial Date and Related Deadlines. There have been no prior trial date continuances in this action.

On July 15, 2016, Plaintiff filed a complaint for personal injury, negligence under the Jones Act, and breach of the warranty of seaworthiness under the General Maritime Law. On May 24, 2017, this Court issued its Scheduling Order regarding ADR and Trial Dates. In that Scheduling Order, this Court set a Trial Date of June 25, 2018.

Good cause now exists to continue this trial date for the following reasons: (1) The parties have a confirmed date for the private mediation of this matter on January 17, 2018; (2) the parties have expended significant efforts to locate critical witnesses—including eyewitnesses to the decedent's heart attack and Dr. Thai Vinh Tran, the retired former physician of the decedent—but have so far been unsuccessful in those efforts; (3) the parties continue to meet and confer regarding discovery issues in the hopes of avoiding motion practice; (4) defendant Ocean Angel IV, LLC, is the owner of an active fishing vessel, and it is currently fishing season. Accordingly, the availability of the vessel's captain, Mr. David Tibbles, is limited. Plaintiff has no desire to disturb the operation of the vessel or the livelihood of her crew, and has agreed to postpone Mr. Tibbles' deposition at least until the completion of private mediation.

The parties, having met and conferred, agree that a 90-day extension to the trial date and related dates is therefore warranted.

The parties therefore stipulate and respectfully request that this Court grant the proposed order below and extend the trial date and associated deadlines by 90 days, or as soon thereafter as this Court is able to accommodate trial.

Based on the foregoing, the parties respectfully request that this Court continue the pretrial and trial deadlines in the following manner:

ATTESTATION

Pursuant to Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this document has been obtained from each of the other signatories. Respectfully Submitted,

[PROPOSED] ORDER

IT IS ORDERED that the trial in this action is continued to September 24, 2018. IT IS FURTHER ORDERED that pretrial and trial deadlines are likewise continued by 90 days as set forth below.