Carson Hybrid Energy Storage, LLC et al v. Turlock Irrigation District

Filing 24

STIPULATION AND ORDER TO EXTEND THE DEADLINE TO RESPOND TO DEFENDANT'S NOTICE signed by District Judge Jennifer L. Thurston on May 19, 2023. (Munoz, I)

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Jon R. Stickman (Bar # 193822)
Duncan & Allen LLP
1730 Rhode Island Ave., N.W., Suite 700
Washington, D.C. 20036
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Turlock Irrigation District and Does 1 through 20.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CARSON HYBRID ENERGY
STORAGE, LLC, CMD CARSON LLC,

Hon. Jennifer L. Thurston
Plaintiff,

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No. 1:23-cv-00460-JLT-EPG

STIPULATION TO EXTEND THE
DEADLINE TO RESPOND TO
DEFENDANT’S NOTICE

v.
TURLOCK IRRIGATION DISTRICT and
DOES 1 through 20,
Defendant.

Plaintiffs Carson Hybrid Energy Storage, LLC and CM Carson LLC (“Plaintiffs”) and

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Defendants Turlock Irrigation District and DOES 1 through 20 (“Defendants”), by and through

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counsel of record, respectfully request that the Court approve the parties’ Stipulation to extend the

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notice of a 30-day deadline for Plaintiffs to sign Turlock Irrigation District’s Interconnection

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Facilities Study Agreement and pay the relevant study deposit set forth in Turlock Irrigation

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District’s February 17, 2023 letter to Carson Hybrid Energy Storage, LLC. This Stipulation is

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made and entered into with reference to the following facts:

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1.

On March 9, 2023, Plaintiffs filed a complaint for breach of contract seeking

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specific performance and injunctive relief, an ex parte application for a temporary restraining

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order and order to show cause re: a preliminary injunction in the Superior Court of Stanislaus

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County, California (the “Superior Court”).–––

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STIPULATION TO EXTEND THE DEADLINE
TO RESPOND TO DEFENDANT’S NOTICE

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2.

Plaintiffs served Defendant and its counsel with a copy of the complaint for breach

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of contract seeking specific performance and injunctive relief, an ex parte application for a

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temporary restraining order and order to show cause re: a preliminary injunction.

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3.

On March 16, 2023, the Superior Court held a hearing on Plaintiffs’ ex parte

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application for a temporary restraining order, at which Plaintiffs’ counsel and Defendant’s

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counsel appeared and presented argument.

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4.

On March 16, 2023, and following the hearing, the Superior Court granted

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Plaintiffs’ request and issued a temporary restraining order, effective until May 12, 2023,

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enjoining Defendant from “enforcing its 30-day deadline set in its February 17, 2023 letter to

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Carson Hybrid Energy Storage, LLC and from withdrawing Plaintiffs’ interconnection request.”

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5.

The Superior Court did not require Plaintiffs to post a bond.

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6.

The Superior Court scheduled a hearing on Plaintiff’s request for a preliminary

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injunction for May 12, 2023, ordered Defendant to file and serve any opposition papers by April

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21, 2023 and ordered Plaintiffs to file any reply by April 28, 2023.

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7.

order and order to show case re a preliminary injunction.

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On March 17, 2023, Plaintiffs served Defendant with the temporary restraining

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On March 27, 2023, Defendant removed the above referenced Superior Court case

to this Court.

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9.

Under Granny Goose Foods v. Bhd. of Teamsters & Auto Truck Drivers, 415 U.S.

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423, 439-40 (1974), 28 U.S.C. § 1450, and Federal Rule of Civil Procedure 65(b)(2), the Superior

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Court’s temporary restraining order was set to remain in force for 14 days after removal, or until

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April 10, 2023.

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10.

The Superior Court’s temporary restraining order was set to expire on April 10,

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On April 7, 2023, the parties filed a Stipulation to Extend the State Court

2023.

Temporary Restraining Order until June 9, 2023.
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On April 10, 2023, the Court issued an order extending the State Court Temporary

Restraining Order until June 9, 2023.
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STIPULATION TO EXTEND THE DEADLINE
TO RESPOND TO DEFENDANT’S NOTICE

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13.

On April 17, 2023, Defendants moved to dismiss Plaintiffs’ complaint for failure

to state a claim on which relief can be granted.
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On April 20, 2023, Plaintiffs moved to remand this proceeding to the Superior

Court of California for Stanislaus County.
On May 4, 2023, Defendants filed their Brief in Opposition to the Plaintiffs’

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15.

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Motion to Remand.

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On May 9, 2023, Plaintiffs filed their Opposition to Defendants’ Motion to

Dismiss.
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This Court’s order extending the State Court Temporary Restraining Order until

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June 9, 2023 may expire before the Court rules on the pending Motion to Dismiss and/or the

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Motion to Remand.

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IT IS THEREFORE HEREBY STIPULATED between Plaintiffs and Defendant

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Turlock Irrigation District, in order to preserve scarce judicial resources and avoid burdening the

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Court with entering orders on the aforementioned motions and a contemporaneous motion for

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preliminary injunction and subject to the Court’s approval, that:

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1.

The Temporary Restraining Order, which this Court extended on April 10, 2023,

pursuant to a Stipulation among the parties, until June 9, 2023, shall expire on June 9, 2023.
2.

Defendant Turlock Irrigation District, and its agents, servants, employees,

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representatives, and anyone acting on their behalf or at their direction and control shall not

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enforce the 30-day deadline set forth in Turlock Irrigation District’s February 17, 2023 letter to

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Plaintiff Carson Hybrid Energy Storage, LLC and shall not withdraw Plaintiff’s interconnection

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request until July 20, 2023.

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3.

Defendant Turlock Irrigation District hereby extends the 30-day deadline set in

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forth in Turlock Irrigation District’s February 17, 2023 letter to Carson Hybrid Energy Storage,

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LLC until July 20, 2023.

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4.

In the event the Court grants Plaintiffs’ Motion to Remand (Case No. 1:23-cv-

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00460-JLT-EPG, ECF No. 17), the Superior Court shall have jurisdiction to enforce the terms of

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this Stipulation as if it were filed in and approved by the Superior Court and the parties shall treat
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STIPULATION TO EXTEND THE DEADLINE
TO RESPOND TO DEFENDANT’S NOTICE

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this Stipulation as remining in full force and effect without interruption.

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IT IS SO STIPULATED.

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Dated: May 19, 2023.

GREENBERG TRAURIG, LLP
By:_________________________
Jonathan S. Goldstein
Attorneys for Plaintiffs Carson Hybrid
Energy Storage LLC and CMD Carson LLC

Dated: May 19, 2023.

DURAN & CEDILLO
By:_____________________
Manuel Duran
Attorneys for Plaintiffs Carson Hybrid
Energy Storage LLC and CMD Carson LLC

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Dated: May 19, 2023, at Washington, D.C.

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DUNCAN & ALLEN

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By: ____________________
Jon R. Stickman
Duncan & Allen LLP
Attorneys for Turlock Irrigation District and
Does 1 through 20.

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STIPULATION TO EXTEND THE DEADLINE
TO RESPOND TO DEFENDANT’S NOTICE

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[PROPOSED] ORDER APPROVING STIPULATION
The foregoing Stipulation, by and among Plaintiffs and Defendant Turlock Irrigation
District, is hereby APPROVED.

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IT IS SO ORDERED.
Dated:

May 19, 2023