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Ogola v. Chevron Corporation, 14-cv-00173-SC. (2014)

Court: District Court, N.D. California Number: infdco20140724986 Visitors: 22
Filed: Jul. 23, 2014
Latest Update: Jul. 23, 2014
Summary: STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE SAMUEL CONTI, District Judge. WHEREAS, pursuant to the Stipulation and Order entered by the Court on May 29, 2014 (ECF No. 33), the Initial Case Management Conference is scheduled for August 22, 2014 at 10:00 a.m.; WHEREAS, pursuant to Rules 26(a)(1)(c) and 26(f) of the Federal Rules of Civil Procedure, with an Initial CMC on August 22, 2014, the parties would be required to meet and confer regarding the contents of
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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

SAMUEL CONTI, District Judge.

WHEREAS, pursuant to the Stipulation and Order entered by the Court on May 29, 2014 (ECF No. 33), the Initial Case Management Conference is scheduled for August 22, 2014 at 10:00 a.m.;

WHEREAS, pursuant to Rules 26(a)(1)(c) and 26(f) of the Federal Rules of Civil Procedure, with an Initial CMC on August 22, 2014, the parties would be required to meet and confer regarding the contents of the joint case management statement, initial disclosures and other issues by August 1, with the Initial Case Management Conference Statement due August 8, 2014, and with initial disclosures due August 15, 2014;

WHEREAS, on May 19, 2014, the Court granted Defendants Chevron Corp.'s and Chevron U.S.A., Inc.'s (CUSA) Motion to Dismiss with leave to amend, holding, inter alia, that the complaint did not plead a valid basis for holding defendants responsible for alleged torts of Chevron Nigeria Limited (CNL) or that plaintiffs incurred an injury-in-fact sufficient to give them standing to sue in federal court (ECF No. 30);

WHEREAS, plaintiffs filed the First Amended Complaint (FAC) on June 17, 2014, dropping CUSA and Chevron Investments Inc. as defendants and alleging a putative class action on behalf of a class of Nigerians residing in Bayelsa State, Nigeria;

WHEREAS, on July 3, 2014, defendant Chevron Corporation moved to dismiss and strike the FAC arguing, inter alia, that the named plaintiffs still have not alleged an injury-in-fact sufficient to establish standing or any valid basis for holding Chevron Corporation responsible for alleged torts by CNL, and that the FAC's new class allegations fail to plead a viable class action;

WHEREAS, defendant's motion to dismiss and to strike is noticed for hearing on August 8, 2014, at 10:00 a.m.;

WHEREAS, the matters to be addressed in any Rule 26(f) meet and confer, case management conference statement and initial disclosures depend on the outcome of the motion to dismiss and strike and, in the interest of efficiency, the parties wish to defer those tasks until the pending motion to dismiss and strike is decided;

IT IS HEREBY STIPULATED that, subject to the Court's approval and pursuant to Rule 26(a)(1)(C) of the Federal Rules of Civil Procedure and Local Rule 6-2, the Initial Case Management Conference shall be rescheduled for October 24, 2014, or such date as the Court deems appropriate to accommodate a ruling on the pending motion and, depending on the ruling, sufficient time thereafter for the parties to meet requirements under Rule 26(f) for conference and initial disclosures, if any.

Pursuant to Local Rule 5-1(i)(3), I, Robert A. Mittelstaedt, attest that concurrence in filing this document has been obtained from the other signatory.

Source:  Leagle

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