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

Filing 64

STIPULATION AND ORDER 63 Continuing Case Management Conference: Further Case Management Conference set for 8/21/2009 10:30 AM. Signed by Judge Ronald M. Whyte on 5/21/09. (jg, COURT STAFF) (Filed on 5/21/2009)

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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

*E-FILED - 5/21/09*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION MOSS LANDING COMMERCIAL PARK LLC, v. Plaintiff, CASE NO. C07 06072 RMW/PVT STIPULATION AND [] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

KAISER ALUMINUM CORPORATION, KAISER ALUMINUM & CHEMICAL CORPORATION, and DOES 1 through 100, Defendants. WHEREAS, plaintiff Moss Landing Commercial Park ("MLCP") has filed and served its First Amended Complaint upon defendants Kaiser Aluminum Corporation and Kaiser Aluminum & Chemical Corporation (collectively, the "Kaiser Defendants"), and the Kaiser Defendants have answered such Complaint; WHEREAS, the Kaiser Defendants assert that this action 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, and the Delaware District Court has upheld the order of the Delaware Bankruptcy Court; WHEREAS, MLCP has appealed the Delaware District Court's order to the Third Circuit USDC NDCA C07 06072 RMW/PVT -1-

STIPULATION AND [] ORDER

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Court of Appeals; WHEREAS, the parties are in the process of briefing that appeal; and, WHEREAS, the parties wish to conserve judicial resources and their litigation expenses. NOW, THEREFORE, plaintiff MLCP and the Kaiser Defendants stipulate and respectfully request that the Court enter an order as follows: 1. The Case Management Conference currently scheduled for May 22, 2009, shall be

continued to August 21, 2009 at 10:30 a.m. in Courtroom 6. 2. Not later than August 14, 2009, the parties shall file a joint Case Management

Conference Statement. Dated: May 20, 2009 BOHNEN, ROSENTHAL & DUSENBURY By: /s/ Robert E. Rosenthal ROBERT E. ROSENTHAL Attorneys for Plaintiff MOSS LANDING COMMERCIAL PARK LLC Dated: May 20, 2009 JONES DAY By: /s/ Thomas M. Donnelly THOMAS M. DONNELLY Attorneys for Defendants KAISER ALUMINUM CORPORATION and KAISER ALUMINUM & CHEMICAL CORPORATION

IT IS SO ORDERED.

21 Dated: May___, 2009

The Honorable Ronald M. Whyte United States District Court Judge

USDC NDCA C07 06072 RMW/PVT

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STIPULATION AND [] ORDER