City and County of San Francisco v. Factory Mutual Insurance Company

Filing 192

ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE re 191 Joint Case Management Statement filed by City and County of San Francisco. Signed by Judge Phyllis J. Hamilton on 10/30/08. (nah, COURT STAFF) (Filed on 10/30/2008)

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1 DENNIS J. HERRERA 139669 CITY ATTORNEY 2 Robert S. Maerz 111796 Kathryn Luhe --116587 3 Airport General Counsel San Francisco City Attorney's Office, Airport Division 4 P.O. Box 8097 International Terminal, North Shoulder Building, 5th Floor 5 San Francisco, CA 94128-8097 Telephone: (650) 821-5088/ Facsimile: (650) 821-5086 6 e-mail: Kathryn.Luhe@sfgov.org 7 WULFSBERG REESE COLVIG & FIRSTMAN PROFESSIONAL CORPORATION 8 H. James Wulfsberg 046192 Timothy A. Colvig - 114723 9 Kris A. Cox - 136504 Kaiser Center 10 300 Lakeside Drive, 24th Floor Oakland, CA 94612-3524 11 Telephone: (510) 835-9100 Facsimile: (510) 451-2170 12 e-mail: KAC@wulfslaw.com OAKLAND, CALIFORNIA 94612-3524 PROFESSIONAL CORPORATION KAISER CENTER 300 LAKESIDE DRIVE, 24TH FLOOR TELEPHONE (510) 835-9100 WULFSBERG REESE COLVIG & FIRSTMAN LAW OFFICES 13 Attorneys for Plaintiff City and County of San Francisco 14 15 16 17 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION No. C 04-5307 PJH JOINT STATUS CONFERENCE STATEMENT AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE DATE: NOVEMBER 13, 2008 TIME: 2:30 P.M. COURTROOM: 3 THE HONORABLE PHYLLIS J. HAMILTON 18 CITY AND COUNTY OF SAN FRANCISCO, A California Municipal Corporation, 19 Plaintiff, 20 vs. 21 FACTORY MUTUAL INSURANCE 22 COMPANY, a Rhode Island Corporation, BOMBARDIER TRANSPORTATION 23 (HOLDINGS) USA, INC., a Delaware Corporation, 24 Defendants. 25 AND RELATED COUNTERCLAIMS 26 27 28 JOINT CASE MANAGEMENT STATEMENT 1349-031\2241040.1 -1- 1 Pursuant to this Court's October 22, 2008, Order Setting Further Status Conference, the 2 parties hereto, Plaintiff and Counter-Defendant City and County of San Francisco ("CCSF"), 3 Defendant and Counterclaimant Factory Mutual Insurance Company ("FMIC") and Defendant and 4 Counterclaimant Bombardier Transportation (Holdings) USA, Inc. ("Bombardier"), by and 5 through their respective counsel, hereby submit the following statement: 6 As set forth in the April 18, 2008 stipulation and order, the parties in this action entered 7 into a settlement in principle of the entire action, contingent upon the approval of the settlement by 8 the San Francisco Airport Commission, the Board of Supervisors, and the Mayor. Since the April 9 18, 2008 stipulation was submitted, the parties finalized all the documents necessary to effect the 10 settlement. These documents have been submitted to the Board of Supervisors for review and WULFSBERG REESE COLVIG & FIRSTMAN 11 approval. However, this process has taken longer than originally anticipated. 12 OAKLAND, CALIFORNIA 94612-3524 PROFESSIONAL CORPORATION KAISER CENTER 300 LAKESIDE DRIVE, 24TH FLOOR TELEPHONE (510) 835-9100 The parties are informed and believe that the approval process will be completed by no 13 later than December 31, 2008. If the matter is not entirely dismissed on or before December 31, 14 2008, or in the event that the City rejects or otherwise has not approved the settlement by that date, 15 the parties propose that they file a Joint Case Management Status Statement apprising the Court of 16 the status of approval of the settlement, and/or requesting a Case Management Conference, if 17 appropriate. 18 Consequently, the parties respectfully request the Court vacate the current November 13, LAW OFFICES 19 2008 Further Case Management Conference and set a Further Case Management Conference for 20 January 15, 2008, or a date thereafter convenient to the Court. 21 Dated: October 29, 2008 22 23 24 25 26 27 28 WULFSBERG, REESE COLVIG & FIRSTMAN PROFESSIONAL CORPORATION By:___/s/_____________________________ Kris A. Cox Attorneys for Plaintiff, City and County of San Francisco JOINT CASE MANAGEMENT STATEMENT 1349-031\2241040.1 -2- 1 2 3 4 5 6 7 8 9 10 WULFSBERG REESE COLVIG & FIRSTMAN Dated: October 29, 2008 CARLSON, CALLADINE & PETERSON, LLP By: ___/s/_______________________________ Joyce Wang Attorneys for Defendant Factory Mutual Insurance Company Dated: October 29, 2008 SONNENSCHEIN NATH AND ROSENTHAL LLP By: __/s/________________________________ Gayle M. Athanacio Attorneys for Defendant Bombardier Transportation (Holdings) USA, Inc. 11 IT IS SO ORDERED. 12 OAKLAND, CALIFORNIA 94612-3524 PROFESSIONAL CORPORATION KAISER CENTER 300 LAKESIDE DRIVE, 24TH FLOOR TELEPHONE (510) 835-9100 LAW OFFICES 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 27311122 UNIT ED October 30 13 Dated: ____________, 2008 S S DISTRICT TE C TA ER N F D IS T IC T O R JOINT CASE MANAGEMENT STATEMENT 1349-031\2241040.1 -3- A C LI FO hyllis Judge P J. Hami lton R NIA ______________________________ ERED PHYLLIS J. ORD IS SO HAMILTON IT United States District Judge RT U O NO RT H

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