Russian Hill Capital, LP v. Energy Corporation of America

Northern District of California, cand-4:2015-cv-02554

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{14}} Stipulation Setting Briefing Schedule on Defendant's Motion to Dismiss.

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1 Michael L. Charlson (SBN 122125) mcharlson@velaw.com 2 VINSON & ELKINS LLP 525 Market Street, Suite 2750 3 San Francisco, California 94105-2763 Telephone: (415) 979-6900 4 Facsimile: (415) 651-8786 5 Attorneys for Defendant ENERGY CORPORATION OF AMERICA 6 [Name and Address of Additional 7 Counsel Listed on Signature Page] 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 RUSSIAN HILL CAPITAL, L.P., Case No. 3:15-cv-02554-HSG 13 Plaintiff, STIPULATION AND ORDER SETTING BRIEFING SCHEDULE ON 14 vs. DEFENDANT'S MOTION TO DISMISS 15 ENERGY CORPORATION OF AMERICA and DOES 1-10, Civil L. R. 7-3 16 Defendants. Before the Hon. Haywood S. Gilliam, Jr. 17 18 19 RECITALS 20 WHEREAS, Plaintiff Russian Hill Capital, L.P. ("Russian Hill") commenced this action 21 by filing its Complaint For: (1) Fraud [and] (2) Misrepresentation of Facts Cal Corp Code § 22 25501(the "Complaint") on May 5, 2014 in the Superior Court of the State of California, County 23 of San Francisco; 24 WHEREAS, Russian Hill served the Complaint on Defendant Energy Corporation of 25 America ("ECA") on May 14, 2015; 26 WHEREAS, ECA removed the action to this Court on June 9, 2015, with ECA's filing of 27 its Notice of Removal; 28 WHEREAS, on June 16, 2015, ECA filed a Motion to Dismiss the Complaint (the STIP. & [PROPOSED] ORDER SETTING BRIEFING SCHEDULE CASE NO. 3:15-cv-02554- HSG 1 1 "Motion"); 2 WHEREAS, at the time ECA filed the Motion, the first date available on the Court's 3 calendar for a hearing was August 13, 2015; and, after consultation with counsel to Russian Hill, 4 the Motion was noticed for hearing on the Court's regular law and motion calendar for August 13, 5 2015; and 6 WHEREAS, the parties wish to modify the briefing schedule normally provided for in 7 Civil L. R. 7-3, on terms that will both accommodate certain commitments of counsel on other 8 matters and still afford the Court 21 days of preparation time before the hearing date; 9 THEREFORE, subject to the Court's approval, the parties agree as follows: 10 STIPULATION 11 1. Russian Hill shall file any papers in opposition to the Motion on or before July 13, 12 2015. 13 2. ECA shall file any reply papers on or before July 23, 2015. 14 Dated: June 18, 2015 VINSON & ELKINS LLP 15 By: /s/ Michael L. Charlson 16 Michael L. Charlson 17 Attorneys for Defendant ENERGY CORPORATION OF AMERICA 18 19 KAUFHOLD GASKIN LLP Steven S. Kaufhold (SBN 157195) 20 Jonathan B. Gaskin (SBN 203615) 388 Market Street, Suite 1300 21 San Francisco, California 94111 Telephone: (415) 445-4620 22 By: /s/ Steven S. Kaufhold________ 23 Steven S. Kaufhold 24 Attorneys for Plaintiff RUSSIAN HILL CAPITAL, LP 25 26 27 28 STIP. & [PROPOSED] ORDER SETTING BRIEFING SCHEDULE CASE NO. 3:15-cv-02554- HSG 2 1 ORDER 2 Pursuant to stipulation of the parties and good causing appearing, briefing on Defendant 3 Energy Corporation of America's Motion to Dismiss, filed June 16, 2015, shall be as follows: 4 1. Any opposition papers shall be filed on or before July 13, 2015. 5 2. Any reply papers shall be filed on or before July 23, 2015. 6 Subject to any further order of the Court, the hearing on the motion to dismiss will be held 7 as part of the Court's regular law and motion calendar on August 13, 2015. 8 SO ORDERED. 9 10 Dated: June 18, 2015 ______________________________ United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIP. & [PROPOSED] ORDER SETTING BRIEFING SCHEDULE CASE NO. 3:15-cv-02554- HSG 3 1 ATTESTATION OF ELECTRONIC FILING 2 I, Michael L. Charlson, am the ECF User whose ID and password are being used to file 3 this Stipulation and Proposed Order Setting Briefing Schedule of Defendant's Motion to 4 Dismiss. I hereby attest that counsel whose e-signatures appear above have concurred with this 5 filing. 6 VINSON & ELKINS LLP 7 By: /s/ Michael L. Charlson 8 Michael L. Charlson 9 Attorneys for Defendant ENERGY CORPORATION OF AMERICA 10 11 12 CERTIFICATE OF SERVICE 13 The undersigned certifies that on June 18, 2015, a true and correct copy of the foregoing 14 instrument was served upon counsel of record, in accordance with the Federal Rules of Civil 15 Procedure and Civil L.R. 5-1. 16 VINSON & ELKINS LLP 17 By: /s/ Michael L. Charlson 18 Michael L. Charlson 19 Attorneys for Defendant ENERGY CORPORATION OF AMERICA 20 21 22 23 24 25 26 27 28 STIP. & [PROPOSED] ORDER SETTING BRIEFING SCHEDULE US 3578595v.1 CASE NO. 3:15-cv-02554- HSG 4