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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THOMAS M. DONNELLY (SBN 136546)
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
email: [e-mail]

*E-FILED - 6/2/11*

Attorneys for Defendants KAISER ALUMINUM
CORPORATION and KAISER ALUMINUM &
CHEMICAL CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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MOSS LANDING COMMERCIAL PARK
LLC,

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Plaintiff,

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v.

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

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

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Defendants.

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

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

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

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Kaiser Defendants have answered such Complaint;

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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

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USDC NDCA C07 06072 RMW
STIPULATION AND [] ORDER

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

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

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

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

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

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

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WHEREAS, the parties have reached a settlement in principle. They are still in the

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process of documenting their settlement, and will then present it to the Delaware Bankruptcy

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Court for review and approval. Assuming the settlement is finalized and approved by the

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Bankruptcy Court, the settlement will require MLCP to dismiss this lawsuit with prejudice; and

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

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

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respectfully request that the Court enter an order as follows:
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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

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Conference Statement.

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Dated: May 27, 2011
LAW OFFICES OF CHRISTOPHER C. CAYCE

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

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Dated: May 27, 2011
JONES DAY

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

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This is the final continuances. The parties should be prepared to file
IT IS SO ORDERED. dismissal by August 26, 2011.

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Dated: 6/2

, 2011
The Honorable Ronald M. Whyte
United States District Court Judge

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