Pago Pago, AMERICAN SAMOA — A federal court in Santa Ana, California has denied a joint motion by plaintiffs and defendants — including Samoa Tuna Processors (STP) Inc. — to continue towards the end of 2019, the trial for the case involving the death of a fisherman who fell overboard from a fishing vessel while it was docked at the STP wharf.

Plaintiffs in the federal lawsuit over the death of Michael Castaneda are Maren MIller, personal representative of the beneficiaries and estate of Castaneda, and the deceased’s wife, Tracey Castaneda. They are the same plaintiffs in a lawsuit pending in the High Court of American Samoa. Both lawsuits were filed last year in separate jurisdictions.

Defendants include Cape Ferrat fishing vessel owner, Cape Ferrat Fishing Lp., along with Tri Marine Group’s five entities — including STP, Samoa Fishing Management (SFM) Inc.

Last October,the federal court set trial for Aug. 6, 2019 which is also the deadline to file certain motions and pretrial conference dates. However, it was late last month (December 2018) that plaintiffs and defendants filed a joint motion asking the court to modify the October order, to among other things, continue the trial date — as well as the deadline for filing other motions — to December this year.

Last Friday, Jan. 4, 2019, US District Court Judge Philip S. Gutierrez denied the request, according to court records, which does not indicate the reason for the denial.

The joint motion as well as a declaration by one of the attorneys for the defendants provides new information on the ongoing coordination between the parties to resolve this case, as well as the logistics problems for defendants in getting testimonies.

Defense attorney Ronald A. McIntire of the Los Angeles-based Perkins COIE LLP lawsuit, in his declaration, explained that the parties have been working cooperatively together to proceed with litigation in the most efficient way possible, while awaiting the court’s decision on pending motions that will determine whether the litigation will proceed in one or two forums.

Samoa News notes that the court has set a Jan. 28th hearing for oral arguments on the defendants' motions — including one to dismiss the federal lawsuit, due to lack of personal jurisdiction. There is already a similar case pending in the High Court of American Samoa. Defendants argue that they don’t do any business in California and the incident occurred in American Samoa, where the majority of the defendants are.

In his declaration, McIntire notes that, in furtherance of this judicial economy, the parties have agreed to limit discovery, conduct discovery within certain time parameters, and postpone motions so the Court and the parties may conserve resources.

He points out that discovery in this case, if the lawsuit proceeds at the federal level, “will be time-consuming and complex”.

For example, he said, the subject vessel, which the parties and their experts may need to further inspect, is often out to sea and, when in port, is typically in American Samoa or a port in Latin America.

Additionally, the wharf where the accident occurred is in American Samoa. He said crew members with potential knowledge of the accident and/or of the deceased are often at sea, making their depositions difficult to schedule; most do not speak English and will require translators.

Furthermore, most other relevant witnesses, including employees of the defendants and the decedent’s surviving spouse, reside outside of California, meaning witnesses will have to travel to California or counsel will have to travel outside of California.

According to him, expert discovery as to liability and damages will be extensive and will also require substantial travel into or out of California.