City and County of San Francisco, by and through it's Port Commission, and People of The State of California v. ExxonMobil Oil Corporation

Filing 33

STIPULATION AND ORDER extending time to and including 5/1/2009 to complete mediation; Signed by Judge Marilyn Hall Patel on 3/19/2009. (awb, COURT-STAFF) (Filed on 3/20/2009)

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MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Deputy DONALD P. MARGOLIS, State Bar #116588 ELAINE M. O'NEIL, State Bar #142234 Deputy City Attorneys Fox Plaza 1390 Market Street, 6th Floor San Francisco, California 94102-5408 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] DAWN S. PITTMAN, State Bar No. 177962 ANNE H. LEE, State Bar No. 258016 MORGAN, LEWIS & BOCKIUS LLP One Market, Spear Street Tower San Francisco, California 94105-1126 Tel: [phone]; Fax: [phone] [e-mail] [e-mail] Attorney for Defendant EXXON MOBIL OIL CORPORATION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

CITY AND COUNTY OF SAN FRANCISCO, by and through its PORT COMMISSION, and PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, vs. EXXON MOBIL OIL CORPORATION, a corporation, and DOES 1-100, Defendant.

Case No. C-08-03490 MHP JOINT STIPULATION AND REQUEST FOR EXTENSION OF TIME TO COMPLETE MEDIATION; AND [PROPOSED] ORDER

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DB2/21007307.1

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JOINT REQUEST FOR EXTENSION OF TIME TO COMPLETE MEDIATION USDC ­ N.D. of CA Case No. C-08-03490 MHP

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MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

In accordance with the December 9, 2008 Order and Stipulation Selecting ADR Process and ADR L. R. 6-6, Plaintiffs, CITY AND COUNTY OF SAN FRANCISCO, BY AND THROUGH ITS PORT COMMISSION, AND PEOPLE OF THE STATE OF CALIFORNIA ("the City") and Defendant, EXXON MOBIL OIL CORPORATION ("Exxon Mobil") participated in a pre-mediation conference call with the Court appointed mediator, Mr. Steven Weissman, on Tuesday, February 10, 2009. The parties discussed the status of the case and in particular the impact of the February 9, 2009 hearing on F. Alioto Company's ("F. Alioto") Motion to Intervene. At oral argument on the F. Alioto motion, the Court advised that the motion to intervene could not be granted as it stands, and provided F. Alioto thirty (30) days to either (i) withdraw its claims against the City and join the action as a plaintiff, which would result in a grant of the motion to intervene; or (ii) decline to withdraw those claims, in which case the Court would deny that motion. The Court also stated that should a state court action involving all three parties commence, this Court would dismiss the present action. Because the parties to this case and the scope and forum of the claims at issue will be impacted by F. Alioto's election, the City and Exxon Mobil agree that the mediation of this case should be continued until after the expiration of the thirty (30) day period. During the call with Mr. Weissman, the City and Exxon Mobil agreed to seek to postpone scheduling the mediation date until the uncertainty of the parties to and forum of the litigation has been resolved. The expiration of the thirty (30) day period for F. Alioto's election will run on Wednesday, March 11, 2009.1 However, the current deadline by which the court-ordered mediation must be completed is March 20, 2009. // // // // //
The City and Exxon Mobil have scheduled a second conference call with Mr. Weissman for March 13, 2009, at 9:30 a.m. to discuss the case status and scheduling of the mediation. However, should Alioto make its election prior to the March 11, 2009 filing deadline, the parties have agreed to conduct the conference call at an earlier date.
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JOINT REQUEST FOR EXTENSION OF TIME TO COMPLETE MEDIATION USDC ­ N.D. of CA Case No. C-08-03490 MHP

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MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

In light of the above, the parties hereby stipulate to and respectfully request the Court grant an extension of the March 20, 2009 mediation deadline to May 1, 2009. SO STIPULATED. Dated: February 12, 2009 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy DONALD P. MARGOLIS ELAINE M. O'NEIL Deputy City Attorneys

BY /s/ Donald P. Margolis DONALD P. MARGOLIS Attorneys for Plaintiffs CITY AND COUNTY OF SAN FRANCISCO, BY AND THROUGH ITS PORT COMMISSION, AND THE PEOPLE OF THE STATE OF CALIFORNIA Dated: February 12, 2009 MORGAN, LEWIS & BOCKIUS LLP

BY /s/ Anne H. Lee ANNE H. LEE Attorneys For Defendant EXXON MOBIL OIL CORPORATION

PURSUANT TO STIPULATION, IT IS SO ORDERED. ES DISTRICT T

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March 19 Dated: February __, 2009

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C O F OF TIME TO D IS T IC T JOINT REQUEST FOR EXTENSION R COMPLETE MEDIATION
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USDC ­ N.D. of CA Case No. C-08-03490 MHP

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RD ____________________________________ S SO O IT IJudge Marilyn H. Patel The Honorable
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