UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII
March 29, 2012
CEDRIC K. KAHUE,
PACIFIC ENVIRONMENTAL CORPORATION AND JOHN DOES 1- OF INTERVENOR'S LIEN MAY 20; MARY DOES 1-20; DOE BE DETERMINED PARTNERSHIPS 1-20; DOE ASSOCIATES 1-20; DOE GOVERNMENTAL AGENCIES 1-20; AND OTHER ENTITIES 1-20, IN PERSONAM, AND THE M/V PENCO 1, AND M/V PENCO 2, AND THEIR ENGINES, EQUIPMENT, TACKLE, STORES, FURNISHINGS, CARGO AND FREIGHT, AND DOE VESSELS 1-20, IN REM, DEFENDANTS. COMMERCE AND INDUSTRY INSURANCE COMPANY, INTERVENOR.
The opinion of the court was delivered by: Leslie E. Kobayashi United States District Judge
ORDER GRANTING INTERVENOR'S REQUEST TO
POSTPONE PARTICIPATION AT TRIAL UNTIL AN AWARD HAS
BEEN MADE AND THE EXTENT
Having considered the Intervenor's Request To Postpone Participation At Trial Until An Award Has Been Made And The Extent Of Intervenor's Lien May Be Determined, and good cause appearing therefor: IT IS ORDERED that:
1. The intervenor may be excused from participation at trial, although it will be bound by the Court's rulings on matters that arise prior to an award, and during any part of the trial from which the intervenor has requested the Court excuse its presence.
2. The intervenor's agreement to be bound without objection to the Court's rulings does not apply if the intervenor is called upon to produce a witness to testify during the liability phase of trial (which the intervenor has agreed to do if the plaintiff and defendants are unable to stipulate to the amount of the lien), at which point the intervenor may fully represent its witness during the witness's testimony.
3. The intervenor's agreement to be bound also does not apply to limit or enlarge any rights that arise after an award has been made.
Leslie E. Kobayashi
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