STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO ADD PARTY

JON S. TIGAR, District Judge.

Plaintiff MARY HOLZHAUER, Individually and as the Personal Representative of HARRY HOLZHAUER (DECEASED) ("Plaintiff"), Defendant GOLDEN GATE BRIDGE, HIGHWAY & TRANSPORTATION DISTRICT (the "District'), and former Defendant David P. Rhoades ("Rhoades"), respectfully submit the following stipulation and proposed order to allow additional time to add Rhoades as a defendant herein as follows:

WHEREAS Rhoades was originally named as a defendant herein before the District was named and appeared herein; and

WHEREAS Plaintiff voluntarily dismissed Rhoades from this action (without prejudice) on October 24, 2013; and

WHEREAS the parties advised that Court in their Joint Case Management Conference Statement (Doc. No. 19) that in regard to Amendment of Pleadings, no new parties or amended pleadings were currently anticipated by the parties other than the fact that depending on the results of preliminary discovery (including the deposition of Mr. Rhoades) and the completion of the Coast Guard investigation, Plaintiff might need to re-name Rhoades as a party to the action; and

WHEREAS the Court in its Scheduling Order (Doc. No. 20) set the last day to add parties or amend pleading for February 28, 2014; and

WHEREAS the Court also set other dates, including discovery cut-off for July 3, 2014, dispositive motions for September 26, 2014, and trial for January 5, 2015; and

WHEREAS the parties and Rhoades are cooperating to complete the deposition of Rhoades and other key witnesses with personal knowledge of the cause of the accident, and are exchanging documents and other evidence, as of this date Mr. Rhoades has not been deposed, the Coast Guard has not issued its report, and Plaintiff does not have sufficient information available to allow the Court's deadline to pass and not file her claim against Rhoades; and

WHEREAS Plaintiff believes that the on-going investigation and the deposition of Rhoades may result in a decision not to name him again in this action, or may lead to some other resolution of any such claims against Rhoades (which she contends are subject to the uniform three year of statute limitations applicable to maritime torts); and

WHEREAS if Plaintiff is required, out of an abundance of caution, to name Rhoades at this time, she would not thereafter be able to dismiss that claim without prejudice (under the two dismissal rule);

WHEREAS Rhoades not only does not want to be named herein as a defendant, but he does not want to file claims against Plaintiff or the District, however if he is brought into the case at this time he would have no choice but to attempt to assert such additional claims herein; and

WHEREAS the parties and Rhoades agree that all limitation periods will be tolled as of the date of this Stipulation and that in the event that Rhoades is brought into the case at a later date, his counter and or cross-claims will be only subject to limitation periods that expired before February 27, 2014; and

WHEREAS Rhoades is agreeable to, and indeed requests, that this deadline be extended, and he agrees to maintain all current deadlines and dates set by the Court so long as he is given notice of the intent to re-name him herein by April 28, 2014; and

WHEREAS Rhoades agrees that the Plaintiff's complaint can be re-served on his counsel by that date, and that he will thereafter file his response within twenty days thereafter:

WHEREFORE the parties and Rhoades submit that good cause exists to extend this, and only this deadline, and respectfully STIPULATE and request that the Court order that the Plaintiff be given until April 28, 2014 to re-serve Rhoades (via his counsel) and file a proof of service with the Court.

SO STIPULATED.

ORDER

Given the stipulation of the parties and Rhoades, and good cause appearing to support the extension sought, IT IS HEREBY ORDERED that:

IT IS SO ORDERED.