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

Filing 97

STIPULATION AND ORDER 96 Continuing Case Management Conference: Case Management Conference set for 9/2/2011 10:30 AM in Courtroom 6, 4th Floor, San Jose. This is the Final Continuances. Parties Should be Prepared to File a Dismissal by 8/26/2011. Signed by Judge Ronald M. Whyte on 6/2/11. (jg, COURT STAFF) (Filed on 6/2/2011)

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1 2 3 4 5 6 THOMAS M. DONNELLY (SBN 136546) JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: (415) 875-5880 Facsimile: (415) 875-5700 email: *E-FILED - 6/2/11* 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-698450v1 -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 in principle described below. 6 Thus, the Bankruptcy Court has not yet issued a decision; 7 WHEREAS, the parties have reached a settlement in principle. They are still in the 8 process of documenting their settlement, and will then present it to the Delaware Bankruptcy 9 Court for review and approval. Assuming the settlement is finalized and approved by the 10 Bankruptcy Court, the 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 June 3, 2011, shall be continued to September 2, 2011 at 10:30 a.m. in Courtroom 6. 2. Not later than August 26, 2011, the parties shall file a joint Case Management 17 Conference Statement. 18 Dated: May 27, 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-698450v1 -2- USDC NDCA C07 06072 RMW STIPULATION AND [ ORDER 1 2 Dated: May 27, 2011 JONES DAY 3 4 By: /s/ Thomas M. Donnelly THOMAS M. DONNELLY Attorneys for Defendants KAISER ALUMINUM CORPORATION and KAISER ALUMINUM & CHEMICAL CORPORATION 5 6 7 8 This is the final continuances. The parties should be prepared to file IT IS SO ORDERED. dismissal by August 26, 2011. 9 Dated: 6/2 , 2011 The Honorable Ronald M. Whyte United States District Court Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SFI-698450v1 -3- USDC NDCA C07 06072 RMW STIPULATION AND [] ORDER

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