North Star Gas Company v. Pacific Gas and Electric Company et al

Northern District of California, cand-4:2015-cv-02575

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{68}} Motion for Extension of Time to File Response/Reply re {{60}} MOTION to Dismiss. Responses due by 12/5/2016; Replies due by 12/22/2016.

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1 HOLLAND & KNIGHT LLP Thomas D. Leland (Pro Hac) 2 Leah E. Capritta (Pro Hac) 633 Seventeenth Street, Suite 2300 3 Denver, Colorado 80202 Telephone: (303) 974-6660 4 Fax: (303) 974-6659 Email: thomas.leland@hklaw.com 5 leah.capritta@hklaw.com 6 HOLLAND & KNIGHT LLP Charles L. Coleman III (65496) 7 Tara S. Kaushik (230098) 50 California Street, Suite 2800 8 San Francisco, CA 94111 Telephone: (415) 743-6900 9 Fax: (415) 743-6910 E-mail: charles.coleman@hklaw.com 10 tara.kaushik@hklaw.com 11 Attorneys for Plaintiff NORTH STAR GAS COMPANY d/b/a/ YEP ENERGY 12 50 California Street, Suite 2800 Holland & Knight LLP San Francisco, CA 94111 13 UNITED STATES DISTRICT COURT Fax: 415.743.6910 Tel: 415.743.6900 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO DIVISION 16 NORTH STAR GAS COMPANY d/b/a YEP) Case No.: 15-CV-2575-HSG ENERGY, a Texas limited liability company,) 17) STIPULATED REQUEST FOR AN Plaintiff,) ENLARGEMENT OF TIME TO FILE 18) OPPOSITION AND REPLY BRIEFS vs.) REGARDING DEFENDANTS' MOTION 19) TO DISMISS AND [PROPOSED] PACIFIC GAS AND ELECTRIC) ORDER [RULE 6-2] 20 COMPANY, a California corporation,;) ALBERT TORRES, an individual; BILL) 21 CHEN, an individual; TANISHA) Action Filed: June 9, 2015 ROBINSON, an individual,) Hearing Date: January 19, 2016 22) Hearing Time: 2:00 PM Defendants.) Place: United States Courthouse 23) 450 Golden Gate Avenue ______________________________________) Floor 19, Courtroom 10 24 25 26 27 28 STIPULATED REQUEST FOR AN ENLARGEMENT OF TIME TO FILE OPPOSITION AND REPLY BRIEFS REGARDING DEFENDANTS' MOTION TO DISMISS CASE NO.: 15-CV-2575-HSG LEGAL_US_W # 87893164.1 1 COMES NOW the Plaintiff, North Star Gas Company d/b/a YEP Energy by and through its 2 attorneys Holland & Knight, LLP and Defendants Pacific Gas and Electric Company, Albert 3 Torres, Bill Chen and Tanisha Robinson by and through their attorneys Paul Hastings, LLP and 4 hereby file their Stipulated Request for an Enlargement of Time to File Opposition and Reply Briefs 5 Regarding Defendants' Motion to Dismiss and state as follows: 6 7 On November 9, 2016, Defendants filed a Motion to Dismiss Plaintiff's claims for 8 Respondeat Superior and for violation of Section 2 of the Sherman Act. (Dkt. 60.) 9 Per Local Rule 7-3(a), Plaintiff's Brief in Opposition to this Motion is due by November 23, 10 2016. 11 Per Local Rule 7-3(c), Defendants' Reply Brief in Support of their Motion to Dismiss is due 12 50 California Street, Suite 2800 seven days from the filing of Plaintiff's Opposition, and no later than November 30, 2016. Holland & Knight LLP San Francisco, CA 94111 13 Fax: 415.743.6910 Tel: 415.743.6900 Pursuant to the Clerk's Notice dated November 10, 2016 (Dkt. 62), Defendants have re- 14 15 noticed the Motion to Dismiss for hearing on January 19, 2017. (Dkt. 67.) 16 Plaintiff and Defendants now file this stipulated request that the due dates for both the 17 Opposition and Reply briefs be enlarged as follows: 18 That Plaintiff's Brief in Opposition to Defendants' Motion to Dismiss now be due 19 December 5, 2016; and 20 That Defendants' Reply in Support of their Motion to Dismiss now be due December 22, 21 2016. 22 23 Both enlargements are sought in advance of the expiration of either filing deadline. 24 Neither enlargement will change the schedule of case; nor will either change the hearing 25 date of January 19, 2016. 26 27 -1- 28 STIPULATED REQUEST FOR AN ENLARGEMENT OF TIME TO FILE OPPOSITION AND REPLY BRIEFS REGARDING DEFENDANTS' MOTION TO DISMISS CASE NO.: 15-CV-2575-HSG LEGAL_US_W # 87893164.1 1 Good cause exists for both enlargements because: (1) neither prejudices any of the parties or 2 the Court; (2) neither requires resetting the hearing date; (3) both serve to maintain the thirty-five 3 (35) day notice schedule contemplated by Local Rule 7-2(a); and (4) both grant the Court the same 4 amount of time to review the briefing as is contemplated by that Rule. 5 Further, these jointly requested changes to the briefing schedule better comply with the 6 7 Court's new hearing date and do not seek to change it. 8 The parties previously sought an extension of time to respond to the Complaint and to file a 9 Brief in Opposition and Reply in regarding Defendants' Motion to Dismiss the Complaint. That 10 request was granted (Dkts. 21-22.) 11 THEREFORE, pursuant to Local Rule 6-2(a), the parties respectfully file this stipulated 12 50 California Street, Suite 2800 request that Plaintiff's Brief in Opposition to Defendants' Motion to Dismiss now be due December Holland & Knight LLP San Francisco, CA 94111 13 Fax: 415.743.6910 Tel: 415.743.6900 5, 2016; and, that Defendants' Reply in Support of their Motion to Dismiss correspondingly now be 14 15 due December 22, 2016. The declaration of Leah E. Capritta, required by Local Rule 6-2, is filed 16 contemporaneously with this Motion. 17 Respectfully submitted, 18 Dated: November 17, 2016 By: _______/s/ Adam M. Reich_________ 19 Adam M. Reich Counsel for Defendants 20 21 22 Dated: November 17, 2016 By: _____/s/ Leah E. Capritta___________ 23 Leah E. Capritta Counsel for Plaintiff 24 25 26 27 -2- 28 STIPULATED REQUEST FOR AN ENLARGEMENT OF TIME TO FILE OPPOSITION AND REPLY BRIEFS REGARDING DEFENDANTS' MOTION TO DISMISS CASE NO.: 15-CV-2575-HSG LEGAL_US_W # 87893164.1 1 ORDER 2 Good cause appearing therefor, IT IS HEREBY ORDERED THAT the Case Schedule is 3 modified as follows: 4 Plaintiff's Brief in Opposition to Defendants' Motion to Dismiss is now due December 5, 5 2016. 6 Defendants' Reply in Support of their Motion to Dismiss is now due December 22, 2016. 7 8 PURSUANT TO STIPULATION, IT IS SO ORDERED. 9 10 Dated: __________ 11/18/2016 _____________________________________________ The Honorable Haywood S. Gilliam,Jr. 11 UNITED STATES DISTRICT JUDGE 12 50 California Street, Suite 2800 Holland & Knight LLP San Francisco, CA 94111 13 Fax: 415.743.6910 Tel: 415.743.6900 14 15 16 17 18 19 20 21 22 23 24 25 26 27 -3- 28 STIPULATED REQUEST FOR AN ENLARGEMENT OF TIME TO FILE OPPOSITION AND REPLY BRIEFS REGARDING DEFENDANTS' MOTION TO DISMISS CASE NO.: 15-CV-2575-HSG LEGAL_US_W # 87893164.1