Ogala et al v. Chevron Corporation et al

Filing 41

STIPULATION AND ORDER Continuing Case Management Conference. Case Management Statement due by 10/17/2014. Case Management Conference set for 10/24/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 07/23/2014. (tmi, COURT STAFF) (Filed on 7/23/2014)

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Robert A. Mittelstaedt (State Bar No. 60359)
[e-mail]
Caroline N. Mitchell (State Bar No. 143124)
[e-mail]
David L. Wallach (State Bar No. 233432)
[e-mail]
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone:
415.626.3939
Facsimile:
415.875.5700
Attorneys for Defendant
CHEVRON CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Foster Ogola, et al.,
Plaintiffs,

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Case No. 14-cv-00173-SC
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

v.
Chevron Corporation,
Defendant.

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WHEREAS, pursuant to the Stipulation and Order entered by the Court on May 29, 2014

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(ECF No. 33), the Initial Case Management Conference is scheduled for August 22, 2014 at

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10:00 a.m.;

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WHEREAS, pursuant to Rules 26(a)(1)(c) and 26(f) of the Federal Rules of Civil

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Procedure, with an Initial CMC on August 22, 2014, the parties would be required to meet and

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confer regarding the contents of the joint case management statement, initial disclosures and other

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issues by August 1, with the Initial Case Management Conference Statement due August 8, 2014,

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and with initial disclosures due August 15, 2014;

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WHEREAS, on May 19, 2014, the Court granted Defendants Chevron Corp.’s and

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Chevron U.S.A., Inc.’s (CUSA) Motion to Dismiss with leave to amend, holding, inter alia, that
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STIP. AND [PROP.] ORDER CONTINUING
CASE MANAGEMENT CONFERENCE
CASE NO. 14-CV-00173-SC

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the complaint did not plead a valid basis for holding defendants responsible for alleged torts of

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Chevron Nigeria Limited (CNL) or that plaintiffs incurred an injury-in-fact sufficient to give

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them standing to sue in federal court (ECF No. 30);

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WHEREAS, plaintiffs filed the First Amended Complaint (FAC) on June 17, 2014,

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dropping CUSA and Chevron Investments Inc. as defendants and alleging a putative class action

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on behalf of a class of Nigerians residing in Bayelsa State, Nigeria;

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WHEREAS, on July 3, 2014, defendant Chevron Corporation moved to dismiss and strike

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the FAC arguing, inter alia, that the named plaintiffs still have not alleged an injury-in-fact

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sufficient to establish standing or any valid basis for holding Chevron Corporation responsible for

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alleged torts by CNL, and that the FAC’s new class allegations fail to plead a viable class action;

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WHEREAS, defendant’s motion to dismiss and to strike is noticed for hearing on August

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8, 2014, at 10:00 a.m.;
WHEREAS, the matters to be addressed in any Rule 26(f) meet and confer, case

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management conference statement and initial disclosures depend on the outcome of the motion to

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dismiss and strike and, in the interest of efficiency, the parties wish to defer those tasks until the

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pending motion to dismiss and strike is decided;

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IT IS HEREBY STIPULATED that, subject to the Court’s approval and pursuant to Rule

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26(a)(1)(C) of the Federal Rules of Civil Procedure and Local Rule 6-2, the Initial Case

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Management Conference shall be rescheduled for October 24, 2014, or such date as the Court

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deems appropriate to accommodate a ruling on the pending motion and, depending on the ruling,

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sufficient time thereafter for the parties to meet requirements under Rule 26(f) for conference and

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initial disclosures, if any.

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Dated: July 11, 2014

Jones Day

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By: /s/Robert A. Mittelstaedt
Robert A. Mittelstaedt
Counsel for Defendant
CHEVRON CORPORATION
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STIP. AND [PROP.] ORDER CONTINUING
CASE MANAGEMENT CONFERENCE
CASE NO. 14-CV-00173-SC

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Dated: July 11, 2014

Rufus-Isaacs, Acland & Grantham LLP

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By: /s/ Neil Fraser
Neil Fraser

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Counsel for Plaintiffs
FOSTER OGOLA, ET AL.

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Pursuant to Local Rule 5-1(i)(3), I, Robert A. Mittelstaedt, attest that concurrence in filing

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this document has been obtained from the other signatory.

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Dated: July 11, 2014

JONES DAY

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By: /s/ Robert A. Mittelstaedt
Robert A. Mittelstaedt

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Counsel for Defendants
CHEVRON CORPORATION

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PURSUANT TO THE FORGOING STIPULATION, IT IS SO ORDERED.
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07/23/2014
Dated: ________________

_____________________________
The Honorable Samuel Conti

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STIP. AND [PROP.] ORDER CONTINUING
CASE MANAGEMENT CONFERENCE
CASE NO. 14-CV-00173-SC