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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1 2 3 4 5 6 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: (415) 554-3853 Facsimile: (415) 554-3837 E-Mail: don.margolis@sfgov.org 7 8 9 Attorneys for Plaintiffs CITY AND COUNTY OF SAN FRANCISCO, BY AND THROUGH ITS PORT COMMISSION, AND PEOPLE OF THE STATE OF CALIFORNIA 10 11 12 13 14 15 MICHAEL MOLLAND, State Bar No. 111830 MORGAN, LEWIS & BOCKIUS LLP One Market, Spear Street Tower San Francisco, California 94105-1126 Tel: (415) 442-1000; Fax: (415) 442-1001 dpittman@morganlewis.com Attorney for Defendant EXXON MOBIL OIL CORPORATION 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 19 20 CITY AND COUNTY OF SAN FRANCISCO, BY AND THROUGH ITS PORT COMMISSION, AND PEOPLE OF THE STATE OF CALIFORNIA, 21 22 23 24 25 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. 26 27 28 Stip and Proposed Order Continuing CMC CCSF v. ExxonMobil, USDC No. C 08-03490-EMC 1 n:\port\li2008\080696\00769340.doc 1 Plaintiffs City and County of San Francisco, by and through its Port Commission, and People 2 of the State of California ("Port") and defendant Exxon Mobil Oil Corporation ("ExxonMobil") 3 request an order continuing the case management conference from April 27, 2012 to May 25, 2012, to 4 allow for the completion of papers documenting the settlement of a parallel case in San Francisco 5 County Superior Court which, once finally settled, may moot the present action. 6 7 RECITALS A. The parties have previously requested and obtained from this Court a stay of litigation, 8 and several extensions of that stay, along with continuances of case management conferences, to 9 enable them to carry out an agreement reached at a Court-ordered mediation in April 2009. Under the 10 agreement, the parties worked collaboratively on environmental investigation measures to address the 11 conditions at the property located at 440 Jefferson Street (the “Site”), which is the subject of this 12 litigation. ExxonMobil then performed an environmental remediation at the Site, and monitoring of 13 the impact of that remediation is now taking place. 14 B. In parallel litigation pending in the San Francisco County Superior Court, plaintiff F. 15 Alioto Company ("F. Alioto"), a tenant of the Port's adjacent to the Site, has sued both the Port and 16 ExxonMobil. In that action, entitled F. Alioto Company, Inc. v. City and County of San Francisco, et 17 al., bearing number CGC-09-489792 ("the State Court Action"), F. Alioto seeks damages for, among 18 things, the presence of contaminants at and about the Site. 19 C. On March 28, 2012, the parties to the State Court Action entered into a Stipulation for 20 Settlement of that action. The parties have since exchanged drafts of a formal settlement agreement, 21 and continue to discuss and attempt to reach agreement on the form of the release of liability in that 22 agreement. 23 D. The parties to this action agree that once a final settlement agreement is signed in the 24 State Court Action, and that action is dismissed with prejudice, the present action will be dismissed. 25 The parties expect that within the next 30 days they should complete their efforts to negotiate and 26 sign the final settlement agreement, and that in the meantime, considerations of judicial economy 27 counsel postponing the case management conference in the present action. Accordingly, the parties 28 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 2 n:\port\li2008\080696\00769340.doc 1 better suits the calendaring needs of this Court. 2 3 4 DECLARATION OF DONALD P. MARGOLIS 1. I am a deputy city attorney with the San Francisco City Attorney’s Office, counsel for 5 plaintiffs City and County of San and the People of the State of California ("the Port"). I have 6 personal knowledge of the facts set forth in this declaration, based on my role as attorney of record 7 for the Port at all phases of this litigation. 8 2. 9 I declare under penalty of perjury under the laws of the United States that the foregoing is true 10 11 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 12 13 STIPULATION Based upon the facts recited above, the parties stipulate to entry of an order continuing the 14 case management conference from April 17, 2012 to May 25, 2012, at 9:00 a.m. The parties further 15 stipulate to entry of an order extending the deadline for submittal of a joint case management 16 statement to one week before the newly scheduled case management conference. 17 18 SO STIPULATED. Dated: April 24, 2012 19 20 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy BY_______/s/_Donald P. Margolis_________ DONALD P. MARGOLIS 21 22 Attorneys for Plaintiffs CITY AND COUNTY OF SAN FRANCISCO, BY AND THROUGH ITS PORT COMMISSION, AND THE PEOPLE OF THE STATE OF CALIFORNIA 23 24 25 26 27 28 Stip and Proposed Order Continuing CMC CCSF v. ExxonMobil, USDC No. C 08-03490-EMC 3 n:\port\li2008\080696\00769340.doc 1 Dated: April 24, 2012 MORGAN, LEWIS & BOCKIUS LLP BY_______/s/_Michael Molland_____ MICHAEL MOLLAND Attorneys For Defendant EXXON MOBIL OIL CORPORATION 2 3 4 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. 5 ORDER 6 7 Pursuant to the parties' stipulation, the further case management conference currently 8 scheduled for April 27, 2012, at 9:00 a.m. is continued to May 25, 2012, at 9:00 a.m. The parties 9 shall file a joint case management statement by May 18, 2012. S dw Judge E 14 ER 17 A H 16 Chen LI RT 15 ard M. R NIA DERED FO 13 O OR IT IS S NO 12 RT U O 11 DISTRI CT ES ____________________________________ C AT The Honorable Edward Chen T United States District Judge 4/24/12 Dated: _______________________ UNIT ED 10 N F D IS T IC T O R C 18 19 20 21 22 23 24 25 26 27 28 Stip and Proposed Order Continuing CMC CCSF v. ExxonMobil, USDC No. C 08-03490-EMC 4 n:\port\li2008\080696\00769340.doc

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