Forouhar v. Statoil, ASA

Filing 15

STIPULATION AND ORDER Case Management Conference set for 4/6/2011 02:45 PM. VIA TELEPHONE Motion Hearing set for 3/8/2011 01:00 PM in Courtroom 1, 5th Floor, San Jose.. Signed by Judge ARMSTRONG on 12/2/10. (lrc, COURT STAFF) (Filed on 12/3/2010)

Forouhar v. Statoil, ASA

Doc. 15

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SULLIVAN & CROMWELL LLP

Brendan P. Cullen (SBN 194057) ([e-mail]) Laura Kabler Oswell (SBN 241281) ([e-mail]) Achyut J. Phadke (SBN 261567) ([e-mail]) SULLIVAN & CROMWELL LLP 1870 Embarcadero Road Palo Alto, California 94303 Telephone: [phone] Facsimile: [phone] Attorneys for Specially Appearing Defendant Statoil ASA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 10-3623 (SBA)

MITRA N. FOROUHAR, Plaintiff, v. STATOIL ASA, Defendant.

JOINT STIPULATION AND ORDER ESTABLISHING BRIEFING SCHEDULE FOR MOTION TO DISMISS AND CONTINUING CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES Judge: The Hon. Saundra B. Armstrong Courtroom: 1

JOINT STIPULATION ESTABLISHING BRIEFING SCHEDULE AND CONTINUING CASE MANAGEMENT CONFERENCE CASE NO. 10-3623 (SBA) Dockets.Justia.com

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SULLIVAN & CROMWELL LLP

WHEREAS, on August 17, 2010, Plaintiff Mitra N. Forouhar ("Plaintiff") filed her Complaint in this matter in the United States District Court for the Northern District of California (the "Complaint"); WHEREAS Plaintiff asserts that service of the Complaint was effected on specially appearing defendant Statoil ASA ("Statoil") on October 2, 2010 under the Foreign Sovereign Immunities Act ("FSIA"), 28 U.S.C. § 1608(b)(2), and Rule 4(h)(1) of the Federal Rules of Civil Procedure; WHEREAS, pursuant to the FSIA, 28 U.S.C. § 1608(d), in any action brought in a court of the United States, a foreign state or agency or instrumentality thereof shall serve an answer or responsive pleading within sixty days after service has been made under 28 U.S.C. § 1608; WHEREAS, on November 2, 2010, this case was reassigned to this Court; WHEREAS, on November 4, 2010, the Court issued the Amended Case Management Scheduling Order (Docket Entry ("D.E.") 11) scheduling a case management conference for December 15, 2010; WHEREAS, Statoil anticipates that it will move to dismiss the Complaint for, among other things, lack of personal jurisdiction and lack of jurisdiction under the Foreign Sovereign Immunities Act; WHEREAS, Plaintiff intends to oppose Statoil's motion; WHEREAS, the Amended Case Management Scheduling Order set a case management conference for December 15, 2010 and ordered the reinstatement of the remainder of the deadlines set forth in the Order Setting Initial Case Management Conference And ADR Deadlines ("Initial Case Management Order") (D.E. 4); WHEREAS, Statoil objects to this Court's exercise of personal jurisdiction and requests that the Case Management and other deadlines set forth in the Amended Case Management Scheduling Order and Initial Case Management Order be stayed until after the Court's ruling regarding Statoil's jurisdictional objections;

-1JOINT STIPULATION ESTABLISHING BRIEFING SCHEDULE AND CONTINUING CASE MANAGEMENT CONFERENCE CASE NO. 10-3623 (SBA)

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SULLIVAN & CROMWELL LLP

WHEREAS, Plaintiff opposes Statoil's jurisdictional objections, but consents to Statoil's request to stay the deadlines set in the Amended Case Management Scheduling Order and Initial Case Management Order; WHEREAS, the parties have met, conferred and agreed, subject to Court approval, to the schedule and timing below for the response to the Complaint, the case management conference and all related matters set forth in the Initial Case Management Order; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the parties, through their undersigned counsel, as follows: 1. December 20, 2010; 2. Plaintiff shall file and serve her opposition to Statoil's motion to dismiss the Statoil shall file and serve its motion to dismiss the Complaint on or before

Complaint on or before January 26, 2011; 3. Statoil shall file and serve its reply in support of its motion to dismiss the

Complaint on or before February 9, 2011; 4. Statoil's motion to dismiss the Complaint shall be noticed for a hearing on

Tuesday, March 8, 2011 at 1:00 pm; 5. The case management conference scheduled for December 15, 2010 shall be

continued to thirty days following the Court's ruling on the motion to dismiss; 6. All other deadlines set forth in the Initial Case Management Order shall be

continued accordingly; and

-2JOINT STIPULATION ESTABLISHING BRIEFING SCHEDULE AND CONTINUING CASE MANAGEMENT CONFERENCE CASE NO. 10-3623 (SBA)

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7.

By filing this Stipulation and Proposed Order, Statoil does not waive and

expressly preserves all rights, objections and defenses, including, without limitation, objections to jurisdiction, venue, service, and Statoil's right to seek dismissal of Plaintiff's Complaint on any grounds. IT IS SO STIPULATED. DATED: November __, 2010 SCHONBRUN DESIMONE SEPLOW HARRIS HOFFMAN & HARRISON, LLP PAUL L. HOFFMAN MICHAEL D. SEPLOW Michael D. Seplow 723 Ocean Front Walk Venice, California 90291 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff DATED: November __, 2010 SULLIVAN & CROMWELL LLP BRENDAN P. CULLEN LAURA KABLER OSWELL ACHYUT J. PHADKE Brendan P. Cullen 1870 Embarcadero Road Palo Alto, California 94303 Telephone: [phone] Facsimile: [phone] Attorneys for Specially Appearing Defendant Statoil ASA I, Brendan P. Cullen, am the ECF user whose ID and password are being used to file this Joint Stipulation and [Proposed] Order Establishing Briefing Schedule for Motion to Dismiss and

23 Continuing Case Management Conference and Related Deadlines. In compliance with General Order 24 No. 45, X.B., I hereby attest that Michael D. Seplow has concurred in this filing. 25 26 27 28
SULLIVAN & CROMWELL LLP

Brendan P. Cullen

-3JOINT STIPULATION ESTABLISHING BRIEFING SCHEDULE AND CONTINUING CASE MANAGEMENT CONFERENCE CASE NO. 10-3623 (SBA)

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ORDER

PURSUANT TO STIPULATION, IT IS HEREBY ORDERED THAT the December 15, 2010 telephonic Case Management Conference is CONTINUED to April 6, 2011 at 2:30 p.m. The parties

5 shall meet and confer prior to the conference and shall prepare a joint Case Management Conference 6 Statement which shall be filed no later than ten (10) days prior to the Case Management Conference that 7 complies with the Standing Order for All Judges of the Northern District of California and the Standing 8 Order of this Court. Plaintiff shall be responsible for filing the statement as well as for arranging the 9 conference call. All parties shall be on the line and shall call [phone] at the above indicated date 10 and time. 11 IT IS SO ORDERED. 12 Dated: 13 12/2/10__________________________ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
SULLIVAN & CROMWELL LLP

THE HONORABLE SAUNDRA B. ARMSTRONG UNITED STATES DISTRICT JUDGE

JOINT STIPULATION ESTABLISHING BRIEFING SCHEDULE AND CONTINUING CASE MANAGEMENT CONFERENCE CASE NO. 10-3623 (SBA)