LAW OFFICES OF

COX, CASTLE & 

NICHOLSON LLP

SAN FRANCISCO

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070431\9833086 STIP & ORDER RE: BRIEFING SCHEDULE

AND HEARING DATE FOR HBML’S MOTION TO DISMISS

CASE NO. 17-CV-00308-WHO

Robert P. Doty (SBN 148069)

rdoty@coxcastle.com

Ali P. Hamidi (SBN 191198)

ahamidi@coxcastle.com

James M. Purvis (SBN 281596)

jpurvis@coxcastle.com

COX, CASTLE & NICHOLSON LLP

50 California Street, Suite 3200

San Francisco, CA 94111

Telephone: (415) 262-5100

Facsimile: (415) 262-5199

Attorneys for Plaintiffs

The Successor Agency to the former Emeryville Redevelopment 

Agency and The City of Emeryville

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

THE SUCCESSOR AGENCY TO THE FORMER

EMERYVILLE REDEVELOPMENT AGENCY 

and THE CITY OF EMERYVILLE,

Plaintiffs,

vs.

SWAGELOK COMPANY, an Ohio corporation; 

WHITNEY RESEARCH TOOL CO.,

a dissolved California corporation; HANSON

BUILDING MATERIALS LIMITED, a British 

Corporation; and CATHERINE LENNON 

LOZICK, an individual residing in Ohio, 

Defendants.

Case No. 17-cv-00308-WHO

STIPULATION AND ORDER BY 

PLAINTIFFS, SWAGELOK COMPANY, 

CATHERINE LENNON LOZICK, 

WHITNEY RESEARCH TOOL CO., AND 

SPECIALLY APPEARING PARTY 

HANSON BUILDING MATERIALS 

LIMITED REGARDING BRIEFING 

SCHEDULE AND HEARING DATE FOR

HANSON’S MOTION TO DISMISS 

[Filed Concurrently With Declaration of Ali P. 

Hamidi Pursuant to Local Rule 6-2]

Judge: Hon. William H. Orrick

Action Filed: January 20, 2017

AND RELATED COUNTERCLAIMS AND 

CROSSCLAIMS
LAW OFFICES OF

COX, CASTLE & 

NICHOLSON LLP

SAN FRANCISCO

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070431\9833086 - 1 - STIP & ORDER RE: BRIEFING SCHEDULE

AND HEARING DATE FOR HBML’S MOTION TO DISMISS

CASE NO. 17-CV-00308-WHO

Plaintiffs The Successor Agency to the former Emeryville Redevelopment Agency and the 

City of Emeryville (collectively, “Plaintiffs”), Defendants Swagelok Company (“Swagelok”), 

Catherine Lennon Lozick (“Lozick”), Whitney Research Tool Co. (“Whitney”), and specially 

appearing party Hanson Building Materials Limited (“HBML”) (collectively, the “Parties”), by and 

through their respective counsel of record, hereby stipulate and agree as follows:

WHEREAS, on October 4, 2017, pursuant to stipulation of the Parties, the Court entered an 

Order setting a briefing schedule and hearing date on HBML’s motion to dismiss Plaintiffs’ Second 

Amended Complaint and related crossclaims under Federal Rule of Civil Procedure 12(b)(2) for lack 

of personal jurisdiction (Dkt No. 66);

WHEREAS, pursuant to that Order, HBML’s motion to dismiss would be filed on or before 

December 4, 2017, any opposition(s) would be filed on or before June 4, 2018, and any reply(ies) by 

HBML would be filed on or before June 25, 2018, and a hearing would be held on July 11, 2018;

WHEREAS, on December 4, 2017, HBML filed its motion to dismiss (Dkt. No. 82); 

WHEREAS, on May 8, 2018, Plaintiffs, Swagelok, Lozick, and Whitney filed a Joint 

Administrative Motion to Continue the Date for Hearing and Enlarge the Time for Briefing for a 

Period of 120 Days on Defendant and Cross-Defendant Hanson Building Materials Limited’s Motion 

to Dismiss [Dkt. No. 82] Pursuant to Local Rule 6-3 (Dkt. No. 98);

WHEREAS, on May 14, 2018, HBML filed its Opposition to the Joint Administrative Motion 

to Continue the Hearing and to Enlarge the Time for Briefing for a Period of 120 Days (Dkt. No. 99);

WHEREAS, on May 15, 2018, the Court entered an Order Granting in Part Joint 

Administrative Motion to Continue the Date for Hearing and Enlarge the Time for Briefing for a 

Period of 60 Days on Defendant and Cross-Defendant Hanson Building Materials Limited’s Motion to 

Dismiss [Dkt. No. 82] Pursuant to Local Rule 6-3 (Dkt No. 100). The Order continued the hearing on 

HBML’s motion to dismiss from July 11, 2018, to September 12, 2018, and continued jurisdictional 

discovery and briefing deadlines in accordance with the new hearing date;

WHEREAS, the Parties have been actively meeting and conferring—both via telephone and 

email correspondence—with respect to those jurisdictional discovery requests propounded by 

Plaintiffs, Swagelok, Lozick, and Whitney on HBML;
LAW OFFICES OF

COX, CASTLE & 

NICHOLSON LLP

SAN FRANCISCO

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070431\9833086 - 2 - STIP & ORDER RE: BRIEFING SCHEDULE

AND HEARING DATE FOR HBML’S MOTION TO DISMISS

CASE NO. 17-CV-00308-WHO

WHEREAS, additional time would allow the Parties the opportunity to continue to meet and 

confer and hopefully reach informal resolution of all outstanding discovery issues;

WHEREAS, additional time also would allow sufficient time for Plaintiffs, Swagelok, Lozick, 

and Whitney to review any supplemental responses and production of documents by HBML, including 

documents that have only recently come into HBML’s possession;

WHEREAS, Plaintiffs, Swagelok, Lozick, and Whitney assert that they continue to actively 

pursue their Rule 45 document subpoenas directed to Millennium Custodial Trust but still expect it 

will take approximately four to six week additional weeks to obtain responsive documents;

WHEREAS, additional time is needed to accommodate the summer travel plans of those 

individuals whose deposition will be taken in connection with HBML’s motion to dismiss;

WHEREAS, the parties have agreed to commence depositions the last week of August 2018

through September 14, 2018, and HBML has agreed to make its deponents available in that time

frame;

WHEREAS, counsel for HBML has contacted the courtroom clerk and October 31, 2018, 

appears to be an available hearing date; 

IT IS HEREBY STIPULATED AND AGREED by and between and among Plaintiffs, 

Swagelok, Lozick, Whitney, and HBML that: 

1. Any opposition(s) to HBML’s Rule 12 motion by Plaintiffs, Swagelok, Lozick, and/or 

Whitney shall be filed on or before September 19, 2018;

2. Any reply(ies) by HBML in support of its Rule 12 motion shall be filed on or before 

October 15, 2018; 

3. The Court’s hearing on this matter shall be continued to October 31, 2018, at 2 p.m. in 

Courtroom 2;

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LAW OFFICES OF

COX, CASTLE & 

NICHOLSON LLP

SAN FRANCISCO

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070431\9833086 - 3 - STIP & ORDER RE: BRIEFING SCHEDULE

AND HEARING DATE FOR HBML’S MOTION TO DISMISS

CASE NO. 17-CV-00308-WHO

4. The above dates are subject to modification only by Court Order and for good cause.

Dated: July 13, 2018 COX, CASTLE & NICHOLSON LLP

By: /s/ Robert P. Doty

______________________________________________________________ 

Robert P. Doty1

Attorneys for Plaintiffs 

THE SUCCESSOR AGENCY TO THE FORMER 

EMERYVILLE REDEVELOPMENT AGENCY AND 

THE CITY OF EMERYVILLE

Dated: July 13, 2018 BAKER & HOSTETLER LLP

By: /s/ Joelle Berle

______________________________________________________________ 

Joelle Berle

Attorneys for Defendants

SWAGELOK COMPANY and

WHITNEY RESEARCH TOOL CO.

Dated: July 13, 2018 MANSOUR GAVIN

By: /s/ Jeffrey M. Embleton

______________________________________________________________ 

Jeffrey M. Embleton

Attorneys for Defendant

CATHERINE LENNON LOZICK

Dated: July 13, 2018 WENDELL ROSEN BLACK & DEAN LLP

By: /s/ Christine K. Noma

______________________________________________________________ 

Christine K. Noma

Attorneys for Defendant

CATHERINE LENNON LOZICK

 

1 Concurrence in the filing of this document has been obtained from each of the other signatories. 
LAW OFFICES OF

COX, CASTLE & 

NICHOLSON LLP

SAN FRANCISCO

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070431\9833086 - 4 - STIP & ORDER RE: BRIEFING SCHEDULE

AND HEARING DATE FOR HBML’S MOTION TO DISMISS

CASE NO. 17-CV-00308-WHO

Dated: July 13, 2018 REED SMITH LLP

By: /s/ Belynda S. Reck

______________________________________________________________ 

Belynda S. Reck

Attorneys for Specially Appearing Party

HANSON BUILDING MATERIALS LIMITED

ORDER

GOOD CAUSE APPEARING, the Court hereby adopts the above-referenced schedule as the 

Order of the Court. 

PURSUANT TO STIPULATION, except as modified below, IT IS SO ORDERED: the 

hearing on the motion shall be on November 7, 2018 at 2 p.m. 

DATED: July 16, 2018 ____________________________________________

Honorable William H. Orrick

United States District Court