The People of the State of California v. BP P.L.C. et al
Filing
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ORDER FOLLOWING HEARING ON MOTIONS TO DISMISS. Signed by Judge Alsup on 5/25/2018. (whalc1, COURT STAFF) (Filed on 5/25/2018)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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CITY OF OAKLAND, a Municipal
Corporation, and THE PEOPLE OF THE
STATE OF CALIFORNIA, acting by and
through Oakland City Attorney BARBARA J.
PARKER,
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and
No. C 17-06012 WHA
Plaintiffs,
ORDER FOLLOWING HEARING
ON MOTIONS TO DISMISS
v.
BP P.L.C., a public limited company of
England and Wales, CHEVRON
CORPORATION, a Delaware corporation,
CONOCOPHILLIPS COMPANY, a
Delaware corporation, EXXON MOBIL
CORPORATION, a New Jersey corporation,
ROYAL DUTCH SHELL PLC, a public
limited company of England and Wales, and
DOES 1 through 10,
Defendants.
/
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No. C 17-06011 WHA
AND RELATED CASE.
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For the reasons stated on the record at yesterday’s hearing, plaintiffs’ request to take
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jurisdictional discovery as to defendant Exxon Mobil Corporation is DENIED. Plaintiffs’
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request to take jurisdictional discovery as to defendants BP p.l.c., ConocoPhillips Company,
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and Royal Dutch Shell plc is GRANTED. Plaintiffs may also take discovery concerning the
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nature of the relationship between Shell Oil Company and Royal Dutch Shell for purposes of
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determining whether Shell Oil Company is Royal Dutch Shell’s “general manager.”
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By AUGUST 9 AT NOON, plaintiffs shall file supplemental briefs in opposition to BP,
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ConocoPhillips, and Royal Dutch Shell’s motions to dismiss pursuant to FRCP 12(b)(2) and
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12(b)(5). BP, ConocoPhillips, and Royal Dutch Shell may file any replies by AUGUST 16 AT
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NOON. These supplemental submissions shall not exceed 15 pages.
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In addition, counsel for Royal Dutch Shell stated at yesterday’s hearing that plaintiffs
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had not requested a waiver of service of summons pursuant to FRCP 4(d). By MAY 28 AT
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NOON, Royal Dutch Shell shall submit a statement clarifying whether it is now willing to accept
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service if plaintiffs request that it do so.
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Finally, by MAY 31 AT NOON, the parties shall submit 10-page supplemental briefs on
the extent to which adjudication of plaintiffs’ federal common law nuisance claims would
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For the Northern District of California
United States District Court
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require the undersigned judge to consider the utility of defendants’ alleged conduct. There will
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be no replies.
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IT IS SO ORDERED.
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Dated: May 25, 2018.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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