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 {{25}} Stipulation TO POSTPONE INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DATES.

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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 TO POSTPONE INITIAL CASE 14 vs. MANAGEMENT CONFERENCE AND RELATED DATES 15 ENERGY CORPORATION OF AMERICA and DOES 1-10, Before the Hon. Haywood S. Gilliam, Jr. 16 Defendants. 17 18 19 WHEREAS, Plaintiff Russian Hill Capital, L.P. ("Russian Hill") commenced this action 20 by filing its Complaint For: (1) Fraud [and] (2) Misrepresentation of Facts – Cal Corp Code § 21 25501(the "Complaint") on May 5, 2014 in the Superior Court of the State of California, County 22 of San Francisco; 23 WHEREAS, Russian Hill served the Complaint on Defendant Energy Corporation of 24 America ("ECA") on May 14, 2015; 25 WHEREAS, ECA removed the action to this Court on June 9, 2015, with ECA's filing of 26 its Notice of Removal; 27 WHEREAS, on June 16, 2015, ECA filed a motion to dismiss the Complaint; 28 WHEREAS, on July 7, 2015, Russian Hill elected not to oppose ECA's motion to dismiss STIP. & [PROPOSED] ORDER TO POSTPONE INITIAL CASE MANAGEMENT CONFERENCE CASE NO. 3:15-cv-02554- HSG 1 1 and instead exercised its right under Fed. R. Civ. P. 15(a)(1)(B) to amend its pleading by filing its 2 First Amended Complaint For: (1) Fraud, (2) Misrepresentation of Facts – Cal Corp Code § 3 25501, [and] (3) Violation of Section 14(e) of the Exchange Act (the "First Amended 4 Complaint"); 5 WHEREAS, ECA filed a motion to dismiss directed to the First Amended Complaint (the 6 "Motion"); 7 WHEREAS, briefing on the Motion is continuing, and a hearing on the Motion is 8 scheduled for the Court's regular law-and-motion calendar on Thursday, September 24, 2015; 9 WHEREAS, an initial case management conference was scheduled in this matter when it 10 was first filed and is currently on calendar for Tuesday, September 8, 2015; 11 WHEREAS, in light of the procedural posture of the case, the parties believe that it would 12 be more efficient to postpone the initial case management conference and related proceedings 13 (including the dates contemplated by the Initial Case Management Scheduling Order, the 14 preparation of an initial case management conference statement and initial disclosures and meet- 15 and-confer obligations under Fed. R. Civ. P. 26) until after the Court's disposition of the Motion; 16 THEREFORE, subject to the Court's approval, the parties agree as follows: 17 STIPULATION 18 1. The Case Management Conference currently scheduled in this action for 19 September 8, 2015, is vacated, together with all associated dates set out in the Initial Case 20 Management Scheduling Order and deadlines for the filing of a case management conference 21 statement, initial disclosures and meet-and-confer discussions under Fed. R. Civ. P. 26. In 22 addition, the parties are excused for now from filing an ADR Certification or to meet-and-confer 23 to select an ADR process. 24 2. Within ten days of the Court's disposition of the Motion, the parties will propose 25 to the Court a schedule for an initial case management conference and related dates (including 26 initial disclosures and timing for meet-and-confer discussions to select an alternative dispute 27 resolution process), which proposed schedule can and should take into account the timing of any 28 further proceedings that may be necessary in light of the Court's disposition of the Motion. For STIP. & [PROPOSED] ORDER TO POSTPONE INITIAL CASE MANAGEMENT CONFERENCE CASE NO. 3:15-cv-02554- HSG 2 1 example, should the Court grant the Motion with leave to amend and Russian Hill indicates an 2 intention to amend its pleading, the parties' proposed schedule may contemplate a delay in an 3 initial case management conference until after the further amendment to the complaint or 4 disposition of a new motion to dismiss that hypothetical amended complaint. 5 3. The Clerk's Notice concerning compliance with the Court's local ADR-related 6 rules dated August 19, 2015, is also vacated pending the Court's resolution of the Motion. 7 Dated: August 20, 2015 VINSON & ELKINS LLP 8 9 By: /s/ Michael L. Charlson 10 Michael L. Charlson 11 Attorneys for Defendant ENERGY CORPORATION OF AMERICA 12 13 KAUFHOLD GASKIN LLP Steven S. Kaufhold (SBN 157195) 14 Jonathan B. Gaskin (SBN 203615) 388 Market Street, Suite 1300 15 San Francisco, California 94111 Telephone: (415) 445-4620 16 17 By: /s/ Steven S. Kaufhold________ 18 Steven S. Kaufhold 19 Attorneys for Plaintiff RUSSIAN HILL CAPITAL, LP 20 21 22 23 24 25 26 27 28 STIP. & [PROPOSED] ORDER TO POSTPONE INITIAL CASE MANAGEMENT CONFERENCE CASE NO. 3:15-cv-02554- HSG 3 1 ORDER 2 Pursuant to stipulation of the parties and good causing appearing, IT IS SO ORDERED. 3 The initial Case Management Conference currently scheduled for September 8, 2015, together 4 with related dates for filing of a case management conference statement and for initial disclosures 5 and meet-and-confer discussions under Fed. R. Civ. P. 26, are postponed pending the Court's 6 resolution of Defendant's pending motion to dismiss. The Clerk's Notice concerning compliance 7 with the Court's local ADR-related rules dated August 19, 2015, is also vacated pending the 8 Court's resolution of the Motion. 9 10 Dated: August 21, 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 TO POSTPONE INITIAL CASE MANAGEMENT CONFERENCE CASE NO. 3:15-cv-02554- HSG 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 TO POSTPONE INITIAL CASE 4 MANAGEMENT CONFERENCE AND RELATED DATES. I hereby attest that counsel whose 5 e-signatures appear above have concurred with this filing. 6 VINSON & ELKINS LLP Dated: August 20, 2015 7 8 By: /s/ Michael L. Charlson Michael L. Charlson 9 Attorneys for Defendant 10 ENERGY CORPORATION OF AMERICA 11 12 13 CERTIFICATE OF SERVICE 14 The undersigned certifies that on August 20, 2015, the foregoing document was 15 electronically filed with the Clerk of the Court for the UNITED STATES DISTRICT COURT, 16 NORTHERN DISTRICT OF CALIFORNIA, using Court's Electronic Case Filing (ECF) system. 17 The ECF system routinely sends a "Notice of Electronic Filing" to all attorneys of record who 18 have consented to accept this notice as service of this document by electronic means. 19 20 Dated: August 20, 2015 VINSON & ELKINS LLP 21 22 By: /s/ Michael L. Charlson Michael L. Charlson 23 Attorneys for Defendant 24 ENERGY CORPORATION OF AMERICA 25 26 27 28 STIP. & [PROPOSED] ORDER TO POSTPONE INITIAL CASE MANAGEMENT CONFERENCE CASE NO. 3:15-cv-02554- HSG 5