Gregory Village Partners, L.P. v. Chevron U.S.A., Inc. et al

Filing 61

STIPULATION AND ORDER TO SET HEARING DATE FOR MOTIONS TO DISMISS FIRST AMENDED COMPLAINT re 60 Stipulation filed by Chevron U.S.A., Inc. Signed by Judge Phyllis J. Hamilton on 11/22/11. (nah, COURT STAFF) (Filed on 11/22/2011)

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5 ROGERS JOSEPH O’DONNELL ROBERT C. GOODMAN (State Bar No. 111554) ANN M. BLESSING (State Bar No. 172573) D. KEVIN SHIPP (State Bar No. 245947) 311 California Street San Francisco, California 94104 Tel 415.956.2828 Fax 415.956.6457 rgoodman@rjo.com, ablessing@rjo.com, kshipp@rjo.com 6 Attorneys for Defendant CHEVRON U.S.A. INC. 1 2 3 4 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 GREGORY VILLAGE PARTNERS, L.P., 12 13 14 15 Plaintiff, vs. CHEVRON U.S.A. INC., M.B. ENTERPRISES, and CENTRAL CONTRA COSTA SANITARY DISTRICT, 16 Defendants. 17 Case No. C 11-01597-PJH STIPULATION AND [PROPOSED] ORDER TO SET HEARING DATE FOR MOTIONS TO DISMISS FIRST AMENDED COMPLAINT Date: Time: Courtroom: Judge: Trial Date: December 21, 2011 9:00 a.m. 3 Honorable Phyllis J. Hamilton None Set 18 19 20 21 22 23 24 25 26 27 DECLARATION OF ROBERT C. GOODMAN 1. I am a shareholder with the law firm of Rogers Joseph O’Donnell, attorneys for Defendant Chevron U.S.A. Inc. (“Chevron”). I have personal knowledge of the facts set forth herein, and if called upon could and would competently testify thereto. 2. On September 21, 2011 Defendants Chevron, M.B. Enterprises, and the Central Contra Costa Sanitary District filed motions to dismiss Plaintiff’s First Amended Complaint, setting the hearing date for November 9, 2011. (Document Nos. 46, 47, and 49). 3. On November 3, 2011 the Court notified the parties that the hearing on the motions to dismiss would be heard on November 30, 2011. 28 Page 1 Stipulation and [Proposed] Order to Set Hearing Date for Defendants’ Motions to Dismiss Case No.: C 11-01597-PJH 309942.1 4. 1 2 On November 15, 2011 Chevron filed a stipulation and proposed order requesting that the hearing date by moved to December 14, 2011. (Document 58.) 5. 3 On November 16, 2011 the Court notified the parties that December 14, 4 2011 was not available. In addition, the Court ordered the parties to meet and confer and to 5 file a stipulation selecting either December 21, 2011 or a date in February, 2012 for the 6 hearing on the motions to dismiss. (Document 59.) 6. 7 8 9 10 The parties subsequently agreed to select December 21, 2011 for the hearing. I declare under penalty of perjury that the foregoing is true and correct. Executed this 21st day of November 2011 in San Francisco, California. 11 /s/ Robert C. Goodman ROBERT C. GOODMAN 12 13 14 15 16 IT IS HEREBY STIPULATED pursuant to Local Rule 6-1(b) and Rule 6-2(a), by the parties to this action, by and through their undersigned counsel, as follows: The hearing date on Defendants’ motions to dismiss currently set for 17 November 30, 2011 shall be set for December 21, 2011. 18 Dated: November 17, 2011 By: /s/ Jordan S. Stanzler JORDAN S. STANZLER Attorney for Plaintiff GREGORY VILLAGE PARTNERS, L.P. 19 20 21 22 STANZLER LAW GROUP Dated: November 17, 2011 ROGERS JOSEPH O’DONNELL 23 24 25 26 By: /s/ Robert C. Goodman ROBERT C. GOODMAN Attorney for Defendant CHEVRON U.S.A. INC. 27 28 Page 2 Stipulation and [Proposed] Order to Set Hearing Date for Defendants’ Motions to Dismiss Case No.: C 11-01597-PJH 309942.1 1 Dated: November 17, 2011 SHAPIRO BUCHMAN PROVINE BROTHERS SMITH LLP 2 By: /s/ Jack C. Provine JACK C. PROVINE Attorney for Defendant MB ENTERPRISES, INC. 3 4 5 6 Dated: November 17, 2011 7 8 MEYERS, NAVE, RIBACK, SILVER & WILSON By: /s/ Kenton L. Alm KENTON L. ALM Attorney for Defendant CENTRAL CONTRA COSTA SANITARY DISTRICT 9 10 11 12 13 14 15 I attest that concurrence in the filing of this document has been obtained from Jordan S. Stanzler for Plaintiff, Jack C. Provine for Defendant MB Enterprises, Inc., and Kenton L. Alm for Defendant Central Contra Costa Sanitary District. 16 By: /s/ Robert C. Goodman ROBERT C. GOODMAN Attorney for Defendant CHEVRON U.S.A. INC. 17 18 19 ORDER 20 21 22 The hearing date on Defendants’ motions to dismiss Plaintiff’s First Amended Complaint is hereby set for December 21, 2011, at 9:00 a.m. 23 S H ER R NIA FO Jud LI RT 28 NO 27 ERED By ____________________________________ O ORD IT IS S JUDGE PHYLLIS J. HAMILTON ilton UNITED STATES DISTRICT JUDGE s J. Ham ge Phylli A 26 11/22/11 DATED: ______________________ S DISTRICT TE C TA RT U O 25 IT IS SO ORDERED. UNIT ED 24 N F D IS T IC T O R C Page 3 Stipulation and [Proposed] Order to Set Hearing Date for Defendants’ Motions to Dismiss Case No.: C 11-01597-PJH 309942.1

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