C.S. vs PRINCESS CRUISE LINES, LTD

Lipcon, Margulies, Alsina & Winkleman, P.A

Carlos Felipe Llinás Negret. CA Bar No. 28476

Lipcon Margulies Alsina & Winkleman

One Biscayne Tower, Suite 1776

Miami, FL 33131

Tel: 305-373-3016

Fax: 305-373-6204

Attorneys for Plaintiff

 

Jeffrey B. Maltzman, CA Bar No. 131758

Edgar R. Nield, CA Bar No. 135018

MALTZMAN & PARTNERS, P.A.

5650 El Camino Real, Suite 120

Carlsbad, CA 92008

Telephone: (760) 929-9880

Facsimile:  (760) 929-9788

Attorneys for Defendant,

PRINCESS CRUISE LINES, LTD

 

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CASE NO.: 14-CV-08971-MMM (AGRx)

 

C.S., on her own behalf and as personal

representative of the estate of D.S.

Plaintiff,

 

vs.

 

PRINCESS CRUISE LINES, LTD.,

doing business as Princess Cruises,

Grant Tarling M.D., Rainer Gunzel M.D.,

Gerrit Lombard, M.D.

Defendants.

 

 

[PROPOSED] ORDER

 

The Court is in receipt of the parties’ stipulation of the following:

  1. Defendant, PRINCESS CRUISE LINES, LTD. doing business as Princess Cruises, hereby stipulates, agrees and admits that, for purposes of this lawsuit only, it will accept vicarious liability (based on the theory of respondeat superior) for any acts of Defendants, RAINER GUNZEL, M.D. and/or GERRIT LOMBARD, M.D. that are found to be negligent and which is a proximate cause of Plaintiffs’ damages, if any. PRINCESS CRUISE LINES, LTD. agrees that it will be directly responsible for any and all damages awarded to Plaintiff as a result of any acts found to have been negligent on the part of RAINER GUNZEL, M.D. and/or GERRIT LOMBARD, M.D. arising from or related to the care or treatment of D.S. onboard the Emerald Princess on or about January 2014.

 

  1. The agreement of Princess as outlined in paragraph 1, above, shall be relayed to the jury in an appropriate jury instruction. This stipulation shall not be used as evidence for any purpose and may not be cited by either party in any other action.  Nothing herein shall constitute an admission of negligence by PRINCESS CRUISE LINES LTD., RAINER GUNZEL, M.D. and/or GERRIT LOMBARD, M.D.

 

  1. Accordingly, Defendant, PRINCESS CRUISE LINES, LTD. doing business as Princess Cruises, hereby voluntarily withdraws its Second Affirmative Defense in its entirety (Barbetta defense) and amends its Seventh Affirmative Defense asserted in its Answer to Amended Complaint to read: “Defendant asserts that as a result of the conduct, acts or omissions of the Plaintiffs, Plaintiffs are estopped from claiming the damages alleged in the Amended Complaint.”

 

  1. In exchange for the foregoing stipulation, Plaintiff agrees to voluntarily dismiss, Defendants RAINER GUNZEL, M.D. and/or GERRIT LOMBARD, M.D. as individual Defendants in this matter. Dismissal shall be without prejudice immediately upon execution of this Stipulation and shall be deemed a dismissal with prejudice upon each individual being deposed.

 

  1. RAINER GUNZEL, M.D. and/or GERRIT LOMBARD, M.D. shall make themselves voluntarily available for depositions during the discovery period in this matter without need for a subpoena and PRINCESS CRUISE LINES LTD. shall use its best efforts to assist and coordinate such depositions for a mutually convenient date, time and location. In the event that RAINER GUNZEL, M.D. and/or GERRIT LOMBARD, M.D. fail to make themselves available for depositions in this matter, then Plaintiff shall have the right to bring them back into this case as individual defendants.

 

IT IS HEREBY ORDERED.

DATED:

_________________________________

Hon. Margaret M. Morrow

UNITED STATES DISTRICT JUDGE