In re the Complaint and Petition of Pamina LLC for Exoneration from or Limitation of Liability

1 THE HONORABLE KYMBERLY K. EVANSON

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE PAMINA, LLC, as owner of the vessel, M/V IN ADMIRALTY PAMINA (Official Number 1143720), BRIAN PICKERING and LAURIE PICKERING, as No. 2:22-cv-01679-KKE sole members of PAMINA, LLC, and MARKEL AMERICAN INSURANCE COMPANY, as subrogee of Pamina, LLC, JOINT STIPULATED MOTION Brian Pickering and Laurie Pickering, FOR TRIAL CONTINUANCE AND 13 ORDER Third-Party Plaintiffs, HEARING DATE: 15 v. October 31, 2023 DELTA MARINE INDUSTRIES, INC., N C POWER SYSTEMS CO., GLENDINNING PRODUCTS LLC, and DOCKMATE, INC., Third-Party Defendants, IN RE: COMPLAINT AND PETITION OF PAMINA, LLC, as owner of the vessel, PAMINA, FOR EXONERATION FROM OR LIMITATION OF LIABILITY 23 I. RELIEF REQUESTED 24 The parties to this action hereby jointly move the Court, pursuant to Fed. R. Civ. P. 6(b)(1), to extend the discovery deadline and deadline for submitting expert reports by ninety (90) days, for good cause shown, as hereinafter set forth.

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1 II. STATEMENT OF THE FACTS 2 This is a case of admiralty and maritime jurisdiction brought under 28 U.S.C. §1333 and filed pursuant to Rule 9(h) of the Federal Rules of Civil Procedure and Rule F, Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure. The case arises from a maritime accident involving the Vessel, Pamina. On May 28, 2022, the Vessel, while transiting through the Ballard Locks in Seattle, Washington, allegedly and without warning, started to move in reverse while the engine control levers were in neutral causing collisions with multiple other vessels and causing damages to these vessels as well as to the Pamina.

On November 22, 2022, Pamina, and its owners and insurer, initiated this action by filing a Complaint for Exoneration from Limitation of Liability (“LOLA” action). On January 19, 2022, this Court, pursuant to Supplemental Admiralty Rule F (3), ordered all other actions arising from this maritime accident stayed until the termination of the LOLA action and further ordered that any claimant wishing to assert a claim in the LOLA action must do so by March 1, 2023.

On March 1, 2023, Pamina and its owners, Brian and Laurie Pickering, and its insurer, Markel American Insurance Company (Plaintiffs-In-Limitation), filed a Third-Party Complaint (and First Amended Complaint on July 6, 2023) against Third Party Defendants, DELTA MARINE INDUSTRIES, INC, N C POWER SYSTEMS CO., GLENDINNING PRODUCTS LLC, and DOCKMATE, INC., alleging that the damages related to this maritime accident arose due to these parties’ negligent inspections, installation, supervision, or maintenance of the Vessel’s engine systems. Alternatively, it is alleged that GLENDINNING PRODUCTS LLC and/or DOCKMATE, INC. defectively designed and/or defectively manufactured the electronic F , P & R P.S.

1 and/or wireless engine control systems or component parts thereof. In addition to numerous affirmative claims filed by the parties, cross claims have been filed in this action by Third-Party Defendants against one another.

In addition to Plaintiffs-In-Limitation, five (5) other interested parties have filed claims.

Also, as noted, there are four (4) parties against whom claims of negligence and defective design and manufacturing have been brought and these parties have asserted cross claims against one another. Resolution of the case will require extensive written discovery. In addition, the parties have engaged experts. Also, it is anticipated that the depositions of all interested parties and of their experts will be required to resolve this claim.

The parties’ counsel have conferred and agree that additional time is required to complete discovery than currently allowed under the Court’s ORDER SETTING TRIAL DATES entered on May 17, 2023. Pursuant to the Court’s current case scheduling order, the parties’ expert reports are due on December 4, 2023, and the discovery deadline is January 3, 2024. Notwithstanding best efforts and progress towards the completion of discovery, given the number of party claimants, Third-Party Defendants, and experts engaged by these parties in the case, it will require approximately an additional ninety (90) days to produce expert reports and complete discovery. Below is a proposed timeline: BENCH TRIAL DATE July 1, 2024 October 7, 2024 Reports from experts December 4, 2024 March 4, 2024 Discovery Completed by January 3, 2024 June 14, 2024 Dispositive motions filed by February 4, 2024 July 12, 2024 Motions in limine filed by May 28, 2024 August 28, 2024 F , P & R P.S.

1 Joint pretrial statement June 3, 2024 September 3, 2024 Pretrial conference June 18, 2024 September 18, 2024 Length of bench trial 7-10 days 7-10 days 5 III. LAW AND ARGUMENT 6 Federal Rule of Civil Procedure 6(b)(6) authorizes a district court to grant timely motions to extend time for “good cause.” Fed. R. Civ. P. 6(b)(1) (upon a showing of good cause, a court may extend a deadline to act “if a request is made before the original time or its extension expires ...”). See also Lujan v. Nat’l Wildlife, Fed. 497 U.S. 871, 896 (1990) (cause must be shown before enlargement of time is granted). “Good cause” is a “non-rigorous standard,” but still requires the requesting party to provide a reasonable explanation as to why, despite the party's diligence, the set deadline cannot be met. United States v. Navarro, 800 14 F.3d 1104, 1109 (9th Cir. 2015). The plain language of the rule demonstrates that the good cause standard in the rule is at a court's discretion. (“the court may, for good cause, extend the time”) (emphasis added); Manzano v. California Dept. of Motor Vehicles, 467 Fed. Appx. 683, (9th Cir. 2012) (recognizing abuse of discretion standard as to FRCP 6(b)).

The parties’ joint motion to extend the deadlines in this case is brought before the Court now, well prior to the existing deadlines. Also, the parties submit that their request meets the requirement that a showing of good cause must be made for this Court to grant this Motion.

22 The ‘good cause’ shown are the facts set forth above concerning the number of party claimants, Third-Party Plaintiffs and Third-Party Defendants. These parties have filed affirmative claims, third-party claims, and cross claims. Moreover, it is anticipated that these numerous parties will retain experts to assist the parties in determining the cause and responsibility for the maritime accident the subject of this case.

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1 IV. CONCLUSION 2 For good cause shown, the parties respectfully request that the Court grant their Motion, pursuant to Fed. R. Civ. P. 6(b)(1)(A), to extend the deadline for submitting expert reports by ninety (90) days, to March 6, 2024, and that the discovery deadline be extended to March 24, 2024, and that all other case dates, including the trial date, be continued by ninety (90) days to dates convenient to the Court.

Dated this 27th day of October, 2023 Dated this 30th day of October, 2023 Counsel for Glendinnings Products Counsel for Plaintiff s/William J. Dow______________________ s/Otis Felder ______________________ Francis S. Floyd, WSBA #10642 B. Otis Felder, WSBA #24057 William J. Dow, WSBA #51155 Conor F. McCauley, WSBA #58436 Drew A. Carson, WSBA #48929 Wilson Elser Mostkowitz Edelman & Dicker Floyd Pflueger & Ringer 1700 – 7th Avenue, Ste. 2100 3101 Western Avenue, Ste. 400 Seattle, WA 98101 Seattle, WA 98121 (206) 709-5900 (206) 441-4455 [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] Dated this 25th day of October, 2023 Dated this 25th day of October, 2023 Counsel for Markel American Insurance Counsel for Lake Washington Yacht Charters s/Jonathan Thames s/ Wayne Mitchell______________________ Jonathan W. Thames, WSBA #31060 Wayne Mitchell, WSBA #24347 Kennedys CMK, LLP Anderson & Mitchell, PLLC Market St, Ste 1900 1239 120th Ave NE, Ste. A San Francisco, CA 94105 Bellevue, WA 98005 (415) 323-4460 206-229-7296 [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] F , P & R P.S.

1 Dated this 23rd day of October, 2023 Dated this 24th day of October, 2023 Co- Counsel for Lake Washington Yacht Counsel for Atlantic Specialty Ins. Co. Charters s/Paul T. Landis s/ Joseph Tabrisky____________________ Paul Landis, WSBA # Joseph P. Tabrisky, Bauman Loewe Witt & Maxwell, PLLC Law Offices of Richard E. Bishop 8765 E Bell Rd., Ste. 210 222 S Harbor Blvd, Ste. 900 Scottsdale, AZ 85260-1321 Anaheim, CA 92805 (480) 502-4664 (781) 332-7188 [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] 9 [email protected] Dated this 26th day of October, 2023 Dated this 26th day of October, 2023 Co-Counsel for Atlantic Specialty Ins. Co. Counsel for Delta Marine Industries s/Dustin Hamilton_____________________ s/Thomas G. Waller__________________ Dustin Hamilton, WSBA # Thomas G. Waller, WSBA #22963 Legros Buchanan & Paul Kellin Tompkins, WSBA #60514 4025 Delridge Way SW, Suite 500 Bauer Moynihan & Johnson, LLP Seattle, WA 98106 2101 Fourth Avenue, Suite 2400 206-623-4990 Seattle, WA 98121 [email protected] (206) 905-3232 [email protected] [email protected] [email protected] [email protected] 18 [email protected] // // // // // // F , P & R P.S.

Dated this 30th day of October, 2023 Dated this 30th day of October, 2023 Counsel for N C. Power Systems Co. Counsel for Dockmate, Inc. s/Todd Rosencrans __________________ s/Nicholas Larson __________________ Todd W. Rosencrans, WSBA #26551 Nicholas Larson, WSBA #46034 Monique Wirrick, WSBA # Murphy Pearson Bradley & Feeney Perkins Coie, LLP 1455 NW Leary Way, Ste. 400 1201 Third Avenue, Suite 4900 Seattle, WA 98107 Seattle, WA 98101-3099 (206) 219-2008 (206) 359-8000 [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] Dated this 30th day of October, 2023 Dated this 30th day of October, 2023 Counsel for Federal Insurance Company, Co - Counsel for Federal Insurance Geico Marine Insurance Company and Company, Geico Marine Insurance Company Nicholas Leede and Nicholas Leede s/Chih Yu____________________________ s/Vi Jean Reno ________________________ Chih Yu (Joseph) Ou, CA Bar#294090 Vi Jean Reno, WSBA # 9385 Tyler John Kirsch, CA Bar#332666 Reno Law Seattle Gibson Robb & Lindh 1420 Fifth Ave, Suite 3000 1255 Powell Street Seattle, WA 98101 Emeryville, CA 94680 (206)622-4100 (415) 348-6000 [email protected] [email protected] [email protected] [email protected] [email protected] F , P & R P.S.

1 ORDER The Court GRANTS the parties’ stipulated motion. Dkt. No. 99. The parties are now required to follow the following case schedule to prepare this matter for trial: BENCH TRIAL DATE July 1, 2024 October 7, 2024 Reports from experts December 4, 2024 March 4, 2024 Discovery Completed by January 3, 2024 June 14, 2024 Dispositive motions filed by February 4, 2024 July 12, 2024 Motions in limine filed by May 28, 2024 August 28, 2024 Joint pretrial statement June 3, 2024 September 3, 2024 Pretrial conference June 18, 2024 September 27, 2024 Length of bench trial 7-10 days 7-10 days DATED: October 31, 2023 19 A 20 Kymberly K. Evanson United States District Judge F , P & R P.S.