Opinion
Civil Action 2:24-cv-00396-RSM
07-02-2024
IHOR LEVYTSKY, Plaintiff, v. MEDITERRANEAN SHIPPING CO., MSC SHIPMANAGEMENT, LTD., BALTIC EAST SHIPPING, LTD., and M/V MSC SHRISTI (IMO 9293442), in rem, Defendants.
COLLIER WALSH NAKAZAWA LLP, Barbara L. Holland, Anusha Pillay, Attorneys for Defendants MARINER LAW, PLLC, Adam E. Deitz, Attorneys for Plaintiff
NOTE ON MOTION CALENDAR: JULY 1, 2024
COLLIER WALSH NAKAZAWA LLP, Barbara L. Holland, Anusha Pillay, Attorneys for Defendants
MARINER LAW, PLLC, Adam E. Deitz, Attorneys for Plaintiff
STIPULATED MOTION AND ORDER TO VACATE INITIAL CASE DEADLINES
RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE
STIPULATED MOTION
Plaintiff Ihor Levytsky (“Plaintiff”) and, making Limited Appearance, Defendants Mediterranean Shipping Company Limited (erroneously sued as Mediterranean Shipping Co.), MSC Shipmanagement, Ltd., Baltic East Shipping, Ltd., and in rem Defendant vessel M/V MSC SHRISTI (IMO number 9293442) (“Defendants” and, jointly with Plaintiff the “Parties”), by and through their respective counsel, hereby stipulate to and jointly request that the Court enter the subjoined Order vacating the initial case deadlines as set by this Court's Order of May 2, 2024 pending the Court's decision on Defendants' Motion to Dismiss Complaint (“Motion to Dismiss”). Dkt. 6. In support of this request, the Parties state as follows:
1. On April 15, 2024, Defendants entered a Notice of Limited Appearance. Dkt. 5. Defendants enter into this Stipulation subject to, and without prejudicing, their Limited Appearance and without waiver of any claims, defenses, or challenges to jurisdiction, particular to this Court's personal jurisdiction over Defendants and the adequacy of Plaintiff's Process or Service of Process.
2. On May 21, 2024, Defendants filed a Motion to Dismiss pursuant, in part, to Federal Rules of Civil Procedure (“FRCP”) 12(b)(2),(4), (5), and the doctrine of Forum Non Conviens. Dkt. 6.
3. On June 11, 2024, Plaintiff filed his Opposition to Defendants' Motion to Dismiss. Dkt. 12.
4. On June 18, 2024, Defendants filed their Reply to Plaintiff's Opposition. Dkt. 14.
5. At this time, Defendants' Motion to Dismiss is now fully before this Court for its consideration.
6. This Court set certain initial case deadlines by Order of May 2, 2024 which may require the Parties to take actions prior to this Court's ruling on Defendants' pending Motion to Dismiss, including an FRCP 26(f) Conference deadline set for July 8, 2024, an Initial Disclosure Deadline of July 15, 2024, and a Joint Status Report filing deadline of July 22, 2024. This Court's ruling on the Motion to Dismiss will impact whether and how the Parties respond to these deadlines. The Parties therefore agree that it will serve judicial economy and avoid unnecessary cost if these deadlines are stayed pending the Court's decision on Defendants' Motion to Dismiss.
7. The Parties hereby stipulate and respectfully request that this Court vacate the schedule set by the Order of May 2, 2024 and revisit such schedule if necessary once it has ruled on Defendants' pending Motion to Dismiss.
IT IS HEREBY STIPULATED.
I certify that this memorandum contains 398 words in compliance with the Local Civil Rules.
ORDER
The Court, having reviewed the foregoing stipulated motion by the Parties, and being fully advised in the premises herein, it is hereby ORDERED, ADJUDGED and DECREED as follows: The initial case deadlines as set by this Court's order of May 2, 2024 are hereby vacated and will be re-evaluated upon this Court's decision on Defendants' pending Motion to Dismiss Complaint.