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 61

STIPULATION AND ORDER re 59 STIPULATION WITH PROPOSED ORDER CONTINUING MARCH 16, 2012 CASE MANAGEMENT CONFERENCE filed by ExxonMobil Oil Corporation, City and County of San Francisco, by and through it's Port Commission, and Peo ple of The State of California Case Management Statement due by 4/20/2012. Case Management Conference set for 4/27/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 3/13/12. (bpf, COURT STAFF) (Filed on 3/13/2012)

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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]
Attorneys for Plaintiffs
CITY AND COUNTY OF SAN FRANCISCO,
BY AND THROUGH ITS PORT COMMISSION,
AND PEOPLE OF THE STATE OF CALIFORNIA
MICHAEL MOLLAND, State Bar No. 111830
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, California 94105-1126
Tel: [phone]; Fax: [phone]
[e-mail]
Attorney for Defendant
EXXON MOBIL OIL CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CITY AND COUNTY OF SAN
FRANCISCO, BY AND THROUGH ITS
PORT COMMISSION, AND PEOPLE
OF THE STATE OF CALIFORNIA,

STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

Plaintiffs,

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Case No. C-08-03490 EMC

Currently Scheduled Conf.: March 16,
2012

vs.

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EXXONMOBIL OIL CORPORATION, a
corporation, and Does 1-100,

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Proposed Continued Conf.: April 27,
2012

Defendants.

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Plaintiffs City and County of San Francisco, by and through its Port Commission, and People
of the State of California ("Port") and defendant Exxon Mobil Oil Corporation ("ExxonMobil")
Stip and Proposed Order Continuing CMC
CCSF v. ExxonMobil, USDC No. C 08-03490-EMC

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request an order continuing the case management conference from March 16, 2012 to April 27, 2012,

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to allow for the completion of settlement discussions or trial of a parallel case in San Francisco

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County Superior Court that may moot the present action.

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RECITALS

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A.

The parties have previously requested and obtained from this Court a stay of litigation,

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and several extensions of that stay, along with continuances of case management conferences, to

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enable them to carry out an agreement reached at a Court-ordered mediation in April 2009. Under the

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agreement, the parties worked collaboratively on environmental investigation measures to address the

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conditions at the property located at 440 Jefferson Street (the “Site”), which is the subject of this

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litigation. ExxonMobil then performed an environmental remediation at the Site, and monitoring of

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the impact of that remediation is now taking place.

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B.

In parallel litigation pending in the San Francisco County Superior Court, plaintiff F.

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Alioto Company ("F. Alioto"), a tenant of the Port's adjacent to the Site, has sued both the Port and

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ExxonMobil. In that action, entitled F. Alioto Company, Inc. v. City and County of San Francisco, et

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al., bearing number CGC-09-489792 ("the State Court Action"), F. Alioto seeks damages for, among

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things, the presence of contaminants at and about the Site.

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C.

The State Court Action is set for trial on April 16, 2012. The parties participated in a

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mediation on March 1, 2012. Although they did not settle the case on that day, efforts and

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communications continue, and within relatively short order, in advance of the April 16 trial date, the

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parties will have either settled the case or exhausted their efforts, without success, to settle the case.

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At this moment, the outcome is uncertain.

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D.

The parties to this action agree that until the status of the State Court Action is better

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defined, it remains premature to schedule pretrial and trial dates in the present action. The parties

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also expect, however, that by April 27, which is two weeks after the scheduled commencement of the

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State Court Action, the parties will be in a far better position to discuss the appropriate management

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of the present action. Accordingly, the parties request an order continuing the case management

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conference to April 27, 2012, or to a later date that better suits the calendaring needs of this Court.

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Stip and Proposed Order Continuing CMC
CCSF v. ExxonMobil, USDC No. C 08-03490-EMC

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DECLARATION OF DONALD P. MARGOLIS
1.

I am a deputy city attorney with the San Francisco City Attorney’s Office, counsel for

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plaintiffs City and County of San and the People of the State of California ("the Port"). I have

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personal knowledge of the facts set forth in this declaration, based on my role as attorney of record

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for the Port at all phases of this litigation.

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2.

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I declare under penalty of perjury under the laws of the United States that the foregoing is true

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Each of the facts recited above is true and correct.

and correct, and that I executed this declaration on March 9, 2012, at San Francisco, California.
_______/s/ Donald P. Margolis______
DONALD P. MARGOLIS

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STIPULATION
Based upon the facts recited above, the parties stipulate to entry of an order continuing the

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case management conference from March 16, 2012 to April 27, 2012, at 9:00 a.m. The parties

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further stipulate to entry of an order extending the deadline for submittal of a joint case management

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statement to one week before the newly scheduled case management conference.

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SO STIPULATED.
Dated: March 9, 2012

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BY_______/s/_Donald P. Margolis_________
DONALD P. MARGOLIS

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Attorneys for Plaintiffs
CITY AND COUNTY OF SAN
FRANCISCO, BY AND THROUGH ITS
PORT COMMISSION, AND THE PEOPLE
OF THE STATE OF CALIFORNIA

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DENNIS J. HERRERA
City Attorney
JOANNE HOEPER
Chief Trial Deputy

Dated: March 9, 2012

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MORGAN, LEWIS & BOCKIUS LLP
BY_______/s/_Michael Molland_____
MICHAEL MOLLAND
Attorneys For Defendant
EXXON MOBIL OIL CORPORATION

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Pursuant to General Order 45, §X.B., the filer of
this document attests that he has received the
concurrence of this signatory to file this document.

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Stip and Proposed Order Continuing CMC
CCSF v. ExxonMobil, USDC No. C 08-03490-EMC

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ORDER

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Pursuant to the parties' stipulation, the further case management conference currently
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scheduled for March 16, 2012, at 9:00 a.m. is continued to April 27, 2012, at 9:00 a.m. The parties
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shall file a joint case management by April 20, 2012.

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The Honorable Edward Chen
United States District Judge RED
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3/13/12
Dated: _______________________

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Stip and Proposed Order Continuing CMC
CCSF v. ExxonMobil, USDC No. C 08-03490-EMC

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