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
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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:
(415) 554-3853
Facsimile:
(415) 554-3837
E-Mail:
don.margolis@sfgov.org
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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: (415) 442-1000; Fax: (415) 442-1001
dpittman@morganlewis.com
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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Judge E
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DISTRI
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____________________________________
C
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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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