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DB2/21565976.2

STIP AND [PRPD] ORDER EXT STAY

OF LITIGATION AND CONT CMC

USDC – N.D. of CA Case No. C 08-03490 MHP

DENNIS J. HERRERA, State Bar #139669

City Attorney

JOANNE HOEPER, State Bar #114961

Chief Trial Deputy

DONALD P. MARGOLIS, State Bar #116588

ELAINE M. O’NEIL, State Bar #142234

Deputy City Attorneys

Fox Plaza

1390 Market Street, 6th Floor

San Francisco, California 94102-5408

Tel: (415) 554-3853; Fax: (415) 554-3837

don.margolis@sfgov.org

Attorney For Plaintiff

CITY AND COUNTY OF SAN FRANCISCO, BY AND THROUGH ITS PORT 

COMMISSION, AND PEOPLE OF THE STATE OF CALIFORNIA

DAWN S. PITTMAN, State Bar No. 177962

ANNE LEE LOWINGER, State Bar No. 258016

MORGAN, LEWIS & BOCKIUS LLP

One Market, Spear Street Tower

San Francisco, California 94105-1126

Tel: (415) 442-1000; Fax: (415) 442-1001

dpittman@morganlewis.com

alowinger@morganlewis.com

Attorney for Defendant

EXXONMOBIL OIL CORPORATION

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

CITY AND COUNTY OF SAN 

FRANCISCO, by and through its PORT 

COMMISSION, and PEOPLE OF THE 

STATE OF CALIFORNIA,

Plaintiff,

vs.

EXXONMOBIL OIL CORPORATION, a 

corporation, and DOES 1-100,

Defendant.

Case No. C 08-03490 MHP

STIPULATION AND [PROPOSED] 

ORDER EXTENDING STAY OF 

LITIGATION AND CONTINUING 

CASE MANAGEMENT CONFERENCE

Case 3:08-cv-03490-EMC Document 44 Filed 03/16/10 Page 1 of 4
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DB2/21565976.2 1

STIP AND [PRPD] ORDER EXT STAY

OF LITIGATION AND CONT CMC

USDC – N.D. of CA Case No. C 08-03490 MHP

PLAINTIFFS CITY AND COUNTY OF SAN FRANCISCO, BY AND THROUGH ITS 

PORT COMMISSION, AND PEOPLE OF THE STATE OF CALIFORNIA (“Plaintiffs”) and 

DEFENDANTS EXXONMOBIL OIL CORPORATION (“ExxonMobil”) previously jointly

requested and obtained from this Court an Order for Stay of Litigation, to enable them to carry

out an agreement reached at a Court-ordered mediation in April 2009. Under the agreement, the 

parties are working collaboratively on environmental investigation measures to address the 

conditions at the property located at 440 Jefferson Street (the “Site”), which is the subject of this 

litigation. First on May 4, 2009, this Court stayed the litigation and set a further Case 

Management Conference for September 21, 2009. This Court subsequently extended the stay

twice and finally set a further Case Management Conference for March 15, 2010.

The environmental investigation agreed upon by the parties is complete. A corrective

action plan was submitted to the California Regional Water Quality Control Board (“the Regional 

Board”) and presented to the public in January 2010. The parties now await its approval from the 

Regional Board. Thus, the parties continue their efforts to work collaboratively, and with the 

Regional Board, to develop and implement remedial action for the Site.

To this end, the parties stipulate to and respectfully request the Court to further extend the 

stay of this litigation and to continue the Case Management Conference from March 15, 2010 to 

November 1, 2010 or as soon thereafter as the Court’s schedule permits.

/ / /

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Case 3:08-cv-03490-EMC Document 44 Filed 03/16/10 Page 2 of 4
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DB2/21565976.2 2

STIP AND [PRPD] ORDER EXT STAY

OF LITIGATION AND CONT CMC

USDC – N.D. of CA Case No. C 08-03490 MHP

Each party reserves the right to request relief from the stay should the party determine that 

the collaborative effort is not operating to its satisfaction.

IT IS SO STIPULATED.

Dated: March 4, 2010 DENNIS J. HERRERA

City Attorney

JOANNE HOEPER

Chief Trial Deputy

DONALD P. MARGOLIS

ELAINE M. O’NEIL

Deputy City Attorneys

By_______/S/ Donald P. Margolis_________

Donald P. Margolis

Attorneys for Plaintiff

CITY AND COUNTY OF SAN 

FRANCISCO, BY AND THROUGH ITS 

PORT COMMISSION, AND THE PEOPLE 

OF THE STATE OF CALIFORNIA

Dated: March 4, 2010 MORGAN, LEWIS & BOCKIUS LLP

By_______/S/ Anne Lee Lowinger_________

Anne Lee Lowinger

Attorneys for Defendant

EXXON MOBIL OIL CORPORATION

I hereby attest that I have on file all holograph signatures for any signatures indicated by a 

“conformed” signature (/S/) within this efiled document.

Dated: March 4, 2010 MORGAN, LEWIS & BOCKIUS LLP

By_______/S/ Anne Lee Lowinger_________

Anne Lee Lowinger

Attorneys for Defendant

EXXON MOBIL OIL CORPORATION

Case 3:08-cv-03490-EMC Document 44 Filed 03/16/10 Page 3 of 4
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STIP AND [PRPD] ORDER EXT STAY

OF LITIGATION AND CONT CMC

USDC – N.D. of CA Case No. C 08-03490 MHP

ORDER

The Further Case Management Conference currently scheduled for March 15, 2010 is 

continued to November 1, 2010, or as soon thereafter as the Court’s schedule permits. The stay

of litigation shall remain in place.

PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

Dated: ___________________________ ____________________________________

THE HONORABLE MARILYN H. PATEL

UNITED STATES DISTRICT JUDGE

3/16/2010

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Marilyn H. Patel

Case 3:08-cv-03490-EMC Document 44 Filed 03/16/10 Page 4 of 4