v. Metsagharun

Filing 27

ORDER by Judge Kandis A. Westmore granting 26 Stipulation (kawlc2, COURT STAFF) (Filed on 1/7/2013)

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Robert A. Mittelstaedt (State Bar No. 60359)
Caroline N. Mitchell (State Bar No. 143124)
David L. Wallach (State Bar No. 233432)
[e-mail]
[e-mail]
[e-mail]
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile:
415-875-5700
Attorneys for Respondents
CHEVRON CORPORATION and CHEVRON U.S.A.
INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IN RE APPLICATION OF THEOPHILUS G.
METSAGHARUN, et al. FOR AN ORDER
GRANTING LEAVE TO ISSUE
SUBPOENAS FOR THE TAKING OF
DISCOVERY PURSUANT TO 28 U.S.C.
1782

Case No. 12-80274 MISC JSW (KAW)
STIPULATION AND [PROPOSED]
ORDER CONTINUING HEARING
DATE
Courtroom: 4
Judge:
Hon. Kandis A. Westmore

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In accordance with Local Rule 7-12, the parties in the above-captioned action, through
their respective counsel, stipulate as follows:

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Whereas Applicants Theophilus G. Metsagharun, Jackson Omareye, Lofty Ogbe, Bawo

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Omadeli and Gbejule Okoturo filed an Application for Discovery Pursuant to 28 U.S.C. § 1782

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on November 29, 2012 (the “Application”);

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Whereas, after the parties agreed to and filed a stipulated briefing schedule and hearing

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date on December 17, 2012, the case was reassigned, first to Judge Samuel Conti, then to Judge

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Thelton Henderson, and finally to Judge Jeffrey White;

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Whereas the parties each understood the reassignment orders to require the hearing to be

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recalendared in accordance with the schedule of the judge to whom the case had been reassigned.

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See Dkts. 21, 22 & 23 (“[a]ll hearing dates presently scheduled are vacated and motions should be
SFI-804283v1

STIPULATION AND [PROPOSED] ORDER
CONTINUING HEARING DATE
CASE NO. 12-MC-80274 RS (KAW)

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renoticed for hearing before the judge to whom the case has been reassigned”);
Whereas the parties are still meeting and conferring regarding plaintiffs’ application for
discovery;

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IT IS HEREBY STIPULATED THAT:

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1.

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The hearing for the Application set for January 17, 2013 at 11:00 a.m. and the

associated briefing schedule shall be vacated;
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The parties will continue to work together to agree to a new stipulated hearing date

and briefing schedule that accords with the Court’s calendar and the parties’ schedules.
Pursuant to Local Rule 5-1(i)(3), I, David L. Wallach, attest that concurrence in filing this

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document has been obtained from the other signatory.

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Dated: January 4, 2013

JONES DAY

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By: /S/ David L. Wallach
David L. Wallach

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Counsel for Respondents
CHEVRON CORPORATION and
CHEVRON U.S.A. INC.

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Dated: January 4, 2013

EARTHRIGHTS INTERNATIONAL

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By: /S/ Richard Herz
Richard Herz (pro hac vice)

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Counsel for Applicants
THEOPHILUS G. METSAGHARUN, et
al.

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PURSUANT TO THE FORGOING STIPULATION, IT IS SO ORDERED THAT:

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The hearing and briefing schedule are vacated as set forth above.

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January 1, 2013
Dated: ________________

__________________________________
The Honorable Kandis Westmore

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SFI-804283v1

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STIPULATION AND [PROPOSED] ORDER
CONTINUING HEARING DATE
CASE NO. 12-MC-80274 RS (KAW)