Moss Landing Commercial Park LLC v. Kaiser Aluminum Corporation et al

Filing 100

STIPULATION AND ORDER 99 Continuing Case Management Conference: Case Management Conference set for 11/4/2011 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 9/1/11. (jg, COURT STAFF) (Filed on 9/1/2011)

1
2
3
4
5
6

THOMAS M. DONNELLY (SBN 136546)
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
email: [e-mail]
Attorneys for Defendants KAISER ALUMINUM
CORPORATION and KAISER ALUMINUM &
CHEMICAL CORPORATION

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN JOSE DIVISION

11

MOSS LANDING COMMERCIAL PARK
LLC,

12

Plaintiff,

13

v.

14

CASE NO. C07 06072 RMW
STIPULATION AND []
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

KAISER ALUMINUM CORPORATION,
KAISER ALUMINUM & CHEMICAL
CORPORATION, and DOES 1 through
100,

15
16

Defendants.

17
18

WHEREAS, plaintiff Moss Landing Commercial Park (“MLCP”) has filed and served its

19

First Amended Complaint (“Complaint”) upon defendants Kaiser Aluminum Corporation and

20

Kaiser Aluminum & Chemical Corporation (collectively, the “Kaiser Defendants”), and the

21

Kaiser Defendants have answered such Complaint;

22
23
24
25
26
27
28

WHEREAS, the Kaiser Defendants assert that this lawsuit is barred by the relief granted
to the Kaiser Defendants in their Chapter 11 bankruptcy proceedings;
WHEREAS, the Kaiser Defendants sought and obtained an order from the Delaware
Bankruptcy Court requiring MLCP to dismiss its Complaint;
WHEREAS, MLCP appealed therefrom to the Delaware District Court, and then to the
Third Circuit Court of Appeals;
WHEREAS, on July 8, 2010, the Third Circuit Court of Appeals instructed the Delaware

SFI-698450v3

-1-

USDC NDCA C07 06072 RMW
STIPULATION AND [] ORDER

1

District Court to remand the case to the Delaware Bankruptcy Court for the Bankruptcy Court to

2

provide a decision as to whether each cause of action in this lawsuit was discharged or otherwise

3

released, waived or settled. The case was remanded back to the Delaware Bankruptcy Court by

4

order of the Delaware District Court on September 16, 2010. The matter has been fully briefed,

5

yet the hearing has been continued in light of the parties’ settlement agreement described below.

6

Thus, the Bankruptcy Court has not yet issued a decision;

7

WHEREAS, the parties have signed a settlement agreement and have filed a Motion in the

8

Delaware Bankruptcy Court for review and approval. The parties have requested a September 26

9

hearing date on that Motion. Assuming the settlement is approved by the Bankruptcy Court, the

10

settlement will require MLCP to dismiss this lawsuit with prejudice; and

11

WHEREAS, the parties wish to conserve judicial resources and their litigation expenses.

12

NOW, THEREFORE, plaintiff MLCP and the Kaiser Defendants stipulate and

13
14
15
16

respectfully request that the Court enter an order as follows:
1.

The Case Management Conference currently scheduled for September 2, 2011,

shall be continued to November 4, 2011 at 10:30 a.m. in Courtroom 6.
2.

Not later than October 28, 2011, MLCP shall dismiss this action with prejudice or

17

the parties shall file a joint Case Management Conference Statement.

18

Dated: August 26, 2011
LAW OFFICES OF CHRISTOPHER C. CAYCE

19

By: /s/ Christopher C. Cayce
CHRISTOPHER C. CAYCE
Attorneys for Plaintiff MOSS LANDING
COMMERCIAL PARK LLC

20
21
22
23
24
25
26
27
28

SFI-698450v3

-2-

USDC NDCA C07 06072 RMW
STIPULATION AND [] ORDER

1
2

Dated: August 26, 2011

3
4

JONES DAY
By: /s/ Thomas M. Donnelly
THOMAS M. DONNELLY
Attorneys for Defendants KAISER ALUMINUM
CORPORATION and KAISER ALUMINUM &
CHEMICAL CORPORATION

5
6
7
8
9

IT IS SO ORDERED.
Dated:

10

, 2011

The Honorable Ronald M. Whyte
United States District Court Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

SFI-698450v3

-3-

USDC NDCA C07 06072 RMW
STIPULATION AND [] ORDER