In the Matter of the Complaint of William Martz et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
In the Matter of the COMPLAINT of
William and Jane Martz, as owners
of the Nautique, for Limitation of
Liability
Case No. 3:20-cv-00152 SLG
ORDER DENYING MOTION TO STAY DEPOSITIONS
Before the Court at Docket 97 is Mr. Horazdovsky’s Motion to Stay
Depositions and at Docket 102 is Limitation Plaintiffs’ William and Jane Martz (the
“Martzes”) response. The facts of this case have been laid out in other filings, and
the Court assumes familiarity here. The current issue is whether depositions,
currently set to begin tomorrow, February 3, 2023, should be stayed.
The Court previously denied Mr. Horazdovsky’s request that the case be
delayed until after the conclusion of Reagan Martz’s criminal trial. Any motion to
reconsider the Court’s Scheduling and Planning Order1 dated August 8, 2022 is
untimely.2 Additionally, the Court agrees with the Martzes’ analysis of the six
Keating factors as laid out in their opposition brief.3 While respectful of Attorney
Meztger’s health issues, Mr. Horazdovsky has not met his burden of showing why
1 Docket 64.
2 See Fed. R. Civ. P. Rules 59(e) and 60(b).
3 Docket 102 at 6. See Keating v. Off. of Thrift Supervision, 45 F.3d 322, 324 (9th Cir. 1995).
Case 3:20-cv-00152-SLG Document 103 Filed 02/02/23 Page 1 of 2

In the Matter of Martz, Case No. 3:20-cv-00152-SLG
Order Denying Motion to Stay Depositions
Page 2 of 2
the extraordinary remedy of a stay should be granted.4 The Court acknowledges
the likely unavailability of Attorney Meztger at the scheduled depositions. However,
the Court is confident that Attorney Dan Pace, who has managed the bulk of the
motions in the case, including all communications with the Court and counsel
associated with the depositions, can capably represent Mr. Horazdovsky’s
interests at the depositions. Therefore, the depositions shall proceed as
scheduled.
For the foregoing reasons, the motion at Docket 97 is DENIED.
ORDERED this 2nd day of February, 2023.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
4 See Keating v. Off. of Thrift Supervision, 45 F.3d 322, 324 (9th Cir. 1995).
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