The People of the State of California v. BP P.L.C. et al

Filing 259

ORDER FOLLOWING HEARING ON MOTIONS TO DISMISS. Signed by Judge Alsup on 5/25/2018. (whalc1, COURT STAFF) (Filed on 5/25/2018)

1
2
3
4
5

IN THE UNITED STATES DISTRICT COURT

6
FOR THE NORTHERN DISTRICT OF CALIFORNIA
7
8
9

11
For the Northern District of California

United States District Court

10

CITY OF OAKLAND, a Municipal
Corporation, and THE PEOPLE OF THE
STATE OF CALIFORNIA, acting by and
through Oakland City Attorney BARBARA J.
PARKER,

12
13
14
15
16
17
18
19

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.
/

20
21

No. C 17-06011 WHA

AND RELATED CASE.
/

22
23

For the reasons stated on the record at yesterday’s hearing, plaintiffs’ request to take

24

jurisdictional discovery as to defendant Exxon Mobil Corporation is DENIED. Plaintiffs’

25

request to take jurisdictional discovery as to defendants BP p.l.c., ConocoPhillips Company,

26

and Royal Dutch Shell plc is GRANTED. Plaintiffs may also take discovery concerning the

27

nature of the relationship between Shell Oil Company and Royal Dutch Shell for purposes of

28

determining whether Shell Oil Company is Royal Dutch Shell’s “general manager.”

1

By AUGUST 9 AT NOON, plaintiffs shall file supplemental briefs in opposition to BP,

2

ConocoPhillips, and Royal Dutch Shell’s motions to dismiss pursuant to FRCP 12(b)(2) and

3

12(b)(5). BP, ConocoPhillips, and Royal Dutch Shell may file any replies by AUGUST 16 AT

4

NOON. These supplemental submissions shall not exceed 15 pages.

5

In addition, counsel for Royal Dutch Shell stated at yesterday’s hearing that plaintiffs

6

had not requested a waiver of service of summons pursuant to FRCP 4(d). By MAY 28 AT

7

NOON, Royal Dutch Shell shall submit a statement clarifying whether it is now willing to accept

8

service if plaintiffs request that it do so.

9

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

11
For the Northern District of California

United States District Court

10

require the undersigned judge to consider the utility of defendants’ alleged conduct. There will

12

be no replies.

13
14

IT IS SO ORDERED.

15
16

Dated: May 25, 2018.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
2