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 63

STIPULATION AND ORDER RESETTING CMC Case Management Statement due by 5/18/2012. Case Management Conference set for 5/25/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 4/24/12. (bpf, COURT STAFF) (Filed on 4/24/2012)

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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
Deputy City Attorney
Fox Plaza
1390 Market Street, 6th Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]

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

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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,

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Case No. C-08-03490 EMC
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

Plaintiffs,
Currently Scheduled Conf.: April 27, 2012
vs.
Proposed Continued Conf.: May 25, 2012
EXXONMOBIL OIL CORPORATION, a
corporation, and Does 1-100,
Defendants.

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

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Plaintiffs City and County of San Francisco, by and through its Port Commission, and People

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of the State of California ("Port") and defendant Exxon Mobil Oil Corporation ("ExxonMobil")

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request an order continuing the case management conference from April 27, 2012 to May 25, 2012, to

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allow for the completion of papers documenting the settlement of a parallel case in San Francisco

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County Superior Court which, once finally settled, may moot the present action.

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RECITALS
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.

On March 28, 2012, the parties to the State Court Action entered into a Stipulation for

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Settlement of that action. The parties have since exchanged drafts of a formal settlement agreement,

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and continue to discuss and attempt to reach agreement on the form of the release of liability in that

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agreement.

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D.

The parties to this action agree that once a final settlement agreement is signed in the

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State Court Action, and that action is dismissed with prejudice, the present action will be dismissed.

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The parties expect that within the next 30 days they should complete their efforts to negotiate and

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sign the final settlement agreement, and that in the meantime, considerations of judicial economy

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counsel postponing the case management conference in the present action. Accordingly, the parties

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request an order continuing the case management conference to May 25, 2012, or to a later date that
Stip and Proposed Order Continuing CMC
CCSF v. ExxonMobil, USDC No. C 08-03490-EMC

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better suits the calendaring needs of this Court.

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DECLARATION OF DONALD P. MARGOLIS
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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 April 24, 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 April 17, 2012 to May 25, 2012, at 9:00 a.m. The parties further

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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: April 24, 2012

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DENNIS J. HERRERA
City Attorney
JOANNE HOEPER
Chief Trial Deputy
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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Stip and Proposed Order Continuing CMC
CCSF v. ExxonMobil, USDC No. C 08-03490-EMC

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Dated: April 24, 2012

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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ORDER

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Pursuant to the parties' stipulation, the further case management conference currently

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scheduled for April 27, 2012, at 9:00 a.m. is continued to May 25, 2012, at 9:00 a.m. The parties

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shall file a joint case management statement by May 18, 2012.

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____________________________________
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The Honorable Edward Chen
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United States District Judge

4/24/12
Dated: _______________________

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

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