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 {{18}} Stipulation SETTING BRIEFING SCHEDULE ON DEFENDANT'S PLANNED MOTION TO DISMISS FIRST AMENDED COMPLAINT.

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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 PLANNED MOTION TO DISMISS FIRST AMENDED 15 ENERGY CORPORATION OF AMERICA COMPLAINT and DOES 1-10, 16 Civil L. R. 7-3 Defendants. 17 Before the Hon. Haywood S. Gilliam, Jr. 18 19 20 21 RECITALS 22 WHEREAS, Plaintiff Russian Hill Capital, L.P. ("Russian Hill") commenced this action 23 by filing its Complaint For: (1) Fraud [and] (2) Misrepresentation of Facts – Cal Corp Code § 24 25501(the "Complaint") on May 5, 2014 in the Superior Court of the State of California, County 25 of San Francisco; 26 WHEREAS, Russian Hill served the Complaint on Defendant Energy Corporation of 27 America ("ECA") on May 14, 2015; 28 STIP. & [PROPOSED] ORDER RE BRIEFING SCHEDULE CASE NO. 3:15-cv-02554- HSG ON PLANNED MOT TO DISMISS 1 1 WHEREAS, ECA removed the action to this Court on June 9, 2015, with ECA's filing of 2 its Notice of Removal; 3 WHEREAS, on June 16, 2015, ECA filed a motion to dismiss the Complaint; 4 WHEREAS, on July 7, 2015, Russian Hill elected not to oppose ECA's motion to dismiss 5 and instead exercised its right under Fed. R. Civ. P. 15(a)(1)(B) to amend its pleading by filing its 6 First Amended Complaint For: (1) Fraud, (2) Misrepresentation of Facts – Cal Corp Code § 7 25501, [and] (3) Violation of Section 14(e) of the Exchange Act (the "First Amended 8 Complaint"); 9 WHEREAS, ECA intends to file a motion to dismiss directed to the First Amended 10 Complaint (the "Motion"); 11 WHEREAS, the parties have conferred concerning a briefing and hearing schedule for the 12 Motion; and 13 WHEREAS, the parties wish to (a) extend by one week the time specified in Fed. R. Civ. 14 P. 15(a)(3) for filing the Motion, (b) set a hearing date for the Motion, and (c) modify the briefing 15 schedule from that normally provided for in Civil L. R. 7-3, on terms that will both accommodate 16 certain commitments of counsel on other matters and still afford the Court 21 days of preparation 17 time before the hearing date; 18 THEREFORE, subject to the Court's approval, the parties agree as follows: 19 STIPULATION 20 1. ECA shall file its Motion on or before July 28, 2015, and will notice the Motion 21 for hearing on the Court's regular civil law and motion calendar for September 24, 2015; 22 2. Russian Hill shall file any papers in opposition to the Motion on or before August 23 20, 2015. 24 /// 25 // 26 / 27 28 STIP. & [PROPOSED] ORDER RE BRIEFING SCHEDULE CASE NO. 3:15-cv-02554- HSG ON PLANNED MOT TO DISMISS 2 1 3. ECA shall file any reply papers on or before September 3, 2015. 2 Dated: July 13, 2015 VINSON & ELKINS LLP 3 4 By: /s/ Michael L. Charlson Michael L. Charlson 5 Attorneys for Defendant 6 ENERGY CORPORATION OF AMERICA 7 KAUFHOLD GASKIN LLP 8 Steven S. Kaufhold (SBN 157195) Jonathan B. Gaskin (SBN 203615) 9 388 Market Street, Suite 1300 San Francisco, California 94111 10 Telephone: (415) 445-4620 11 12 By: /s/ Steven S. Kaufhold________ Steven S. Kaufhold 13 Attorneys for Plaintiff 14 RUSSIAN HILL CAPITAL, LP 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIP. & [PROPOSED] ORDER RE BRIEFING SCHEDULE CASE NO. 3:15-cv-02554- HSG ON PLANNED MOT TO DISMISS 3 1 ORDER 2 Pursuant to stipulation of the parties and good causing appearing, the briefing and hearing 3 schedule on Defendant Energy Corporation of America's planned motion to dismiss the First 4 Amended Complaint of Plaintiff Russian Hill Capital, L.P., shall be as follows: 5 1. The motion to dismiss shall be filed on or before July 28, 2015. 6 2. Any opposition papers shall be filed on or before August 20, 2015. 7 3. Any reply papers shall be filed on or before September 3, 2015. 8 Subject to any further order of the Court, the motion to dismiss shall be noticed for 9 hearing as part of the Court's regular law and motion calendar on September 24, 2015. 10 SO ORDERED. 11 12 Dated: July 15, 2015 ______________________________ United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIP. & [PROPOSED] ORDER RE BRIEFING SCHEDULE CASE NO. 3:15-cv-02554- HSG ON PLANNED MOT TO DISMISS 4 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 ON 4 DEFENDANT'S PLANNED MOTION TO DISMISS FIRST AMENDED COMPLAINT. I 5 hereby attest that counsel whose e-signatures appear above have concurred with this filing. 6 By: /s/ Michael L. Charlson Dated: July 13, 2015 Michael L. Charlson 7 Attorneys for Defendant 8 ENERGY CORPORATION OF AMERICA 9 10 11 CERTIFICATE OF SERVICE 12 The undersigned certifies that on July 13, 2015, the foregoing document was 13 electronically filed with the Clerk of the Court for the UNITED STATES DISTRICT COURT, 14 NORTHERN DISTRICT OF CALIFORNIA, using Court's Electronic Case Filing (ECF) system. 15 The ECF system routinely sends a "Notice of Electronic Filing" to all attorneys of record who 16 have consented to accept this notice as service of this document by electronic means. 17 The undersigned certifies that on July 13, 2015, a true and correct copy of the foregoing 18 document was served on counsel of record listed below by U.S. Postal Service: 19 20 Steve Kaufhold Kaufhold Gaskin LLP 21 388 Market Street, Suite 1300 San Francisco, CA 94111 22 By: /s/ Michael L. Charlson 23 Michael L. Charlson 24 Attorneys for Defendant ENERGY CORPORATION OF AMERICA 25 26 27 28 STIP. & [PROPOSED] ORDER RE BRIEFING SCHEDULE CASE NO. 3:15-cv-02554- HSG ON PLANNED MOT TO DISMISS 5