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

Filing 88

STIPULATION AND ORDER 87 Continuing Case Management Conference: Case Management Conference set for 12/3/2010 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 8/30/10. (jg, COURT STAFF) (Filed on 8/30/2010)

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

Doc. 88

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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 - 8/30/10*

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 ("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 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 -1USDC NDCA C07 06072 RMW/PVT STIPULATION AND [] ORDER

Dockets.Justia.com

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District Court to remand the case to the Delaware Bankruptcy Court for the Bankruptcy Court to provide a decision as to whether each cause of action in this lawsuit was discharged or otherwise released, waived or settled. A hearing before the Bankruptcy Court has not yet been scheduled, but the parties expect that it will occur in the next three months; 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 September 3, 2010,

shall be continued to December 3, 2010 at 10:30 a.m. in Courtroom 6. 2. Not later than November 24, 2010, the parties shall file a joint Case Management

Conference Statement. Dated: August 26, 2010 LAW OFFICES OF CHRISTOPHER C. CAYCE By: /s/ Christopher C. Cayce CHRISTOPHER C. CAYCE Attorneys for Plaintiff MOSS LANDING COMMERCIAL PARK LLC Dated: August 26, 2010

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. Dated: 8/30 , 2010 The Honorable Ronald M. Whyte United States District Court Judge

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USDC NDCA C07 06072 RMW/PVT STIPULATION AND [] ORDER