Global Comminity Monitor, et al v. Mammoth Pacific, LP et al

Filing 12

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 7/30/14 ORDERING 1. Plaintiffs' electronic transmittal of documents to Defendants' counsel on July 10, 2014 constitutes effective service of the following documents on Defendants: (1) Plaintiffs' Complaint; (2) Civil Cover Sheet; (3) Summons issued by the Court; (4) Notice of Availability of Voluntary Dispute Resolution; (5) Order Requiring Joint Status Report; and, (6) Notice of Availability of a Magis trate Judge to Exercise Jurisdiction and Appeal Instructions and Consent or Declination to Jurisdiction of Magistrate Judge. 2. Defendants' Answer or other response to Plaintiffs' Complaint is due on or before September 8, 2104. (Becknal, R)

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1 2 3 4 MATTHEW B. HIPPLER (Cal. Bar No. 212036) HOLLAND & HART LLP 5441 Kietzke Lane, Second Floor Reno, NV 89511 Tel: (775) 327-3000 Fax: (775) 786-6179 8 STEVEN G. JONES (Pro Hac Vice application pending) EMILY C. SCHILLING (Pro Hac Vice application pending) HOLLAND & HART LLP 222 So. Main Street, Suite 2200 Salt Lake City, UT 84101 Tel: (801) 799-5800 Fax: (801) 799-5700 9 Attorneys for Defendants 5 6 7 10 UNITED STATES DISTRICT COURT 11 FOR THE EASTERN DISTRICT OF CALIFORNIA HOLLAND & HART LLP 222 SO. MAIN STREET, SUITE 2200 SALT LAKE CITY, UTAH 84101 12 Case No. 2:14-cv-01612-MCE-KJN 13 GLOBAL COMMUNITY MONITOR, a California nonprofit corporation; LABORERS’ 14 INTERNATIONAL UNION OF NORTH AMERICA LOCAL UNION NO. 783, an 15 organized labor union; RANDAL SIPES, JR., an individual; RUSSEL COVINGTON, an 16 individual; 17 STIPULATION AND ORDER RE: SERVICE OF INITIAL PAPERS AND DEADLINE FOR DEFENDANTS’ ANSWER OR RESPONSE Plaintiffs, 18 v. 19 MAMMOTH PACIFIC, L.P., a California Limited Partnership; ORMAT NEVADA, 20 INC., a Delaware Corporation; ORMAT TECHNOLOGIES, INC. a Delaware 21 Corporation; and DOES I-X, inclusive, 22 Defendants. 23 24 25 26 27 28 STIPULATION AND ORDER RE: SERVICE OF INITIAL PAPERS AND DEADLINE FOR DEFENDANTS’ ANSWER OR RESPONSE Case No. 2:14-cv-01612-MCE-KJN 1 1 2 STIPULATION Plaintiffs Global Community Monitor, Laborers’ International Union of North America 3 Local Union No. 783, Randal Sipes, Jr. and Russel Covington (collectively “Plaintiffs”) and 4 Defendants Mammoth Pacific, L.P., Ormat Nevada, Inc. and Ormat Technologies, Inc. 5 (collectively “Defendants”), by and through their respective counsel, stipulate as follows: 6 Plaintiffs filed their Complaint and Civil Cover Sheet in this action on July 8, 2014. 7 That same day, the Court issued the following documents: (1) Summons to Defendants; 8 (2) Order Requiring Joint Status Report; (3) Notice of Availability of a Magistrate Judge to 9 Exercise Jurisdiction and Appeal Instructions and Consent or Declination to Jurisdiction of 10 11 Magistrate Judge; and (4) Notice of Availability of Voluntary Dispute Resolution. On July 10, 2014, counsel for Defendants, Steven G. Jones, contacted counsel for HOLLAND & HART LLP 222 SO. MAIN STREET, SUITE 2200 SALT LAKE CITY, UTAH 84101 12 Plaintiffs, Richard Drury, and informed Mr. Drury that Defendants would be willing to waive 13 service of the Summons issued by the Court. That same day, Mr. Drury provided Mr. Jones 14 with electronic copies of the following documents: (1) Plaintiffs’ Complaint; (2) the Civil 15 Cover Sheet prepared by Plaintiffs and endorsed by the Court; (3) Summons issued by the 16 Court; (4) Order Requiring Joint Status Report; (5) Notice of Availability of a Magistrate Judge 17 to Exercise Jurisdiction and Appeal Instructions and Consent or Declination to Jurisdiction of 18 Magistrate Judge; and (6) Notice of Availability of Voluntary Dispute Resolution. 19 On July 23, 2014, counsel for Plaintiffs and Defendants agreed that: (1) Defendants 20 would waive service of the Summons in this matter; (2) Mr. Drury’s electronic transmittal of 21 documents to Mr. Jones on July 10, 2014 would be deemed effective service of those 22 documents on Defendants; and (3) Defendants would have until September 8, 2014 (60 days 23 from July 10, 2014) to either file their Answer or otherwise respond to Plaintiffs’ Complaint. 24 25 26 27 28 STIPULATION AND ORDER RE: SERVICE OF INITIAL PAPERS AND DEADLINE FOR DEFENDANTS’ ANSWER OR RESPONSE Case No. 2:14-cv-01612-MCE-KJN 2 1 IT IS SO STIPULATED this 28th day of July, 2014. 2 LOZEAU|DRURY LLP 3 5 /s/ Richard T. Drury______ Richard T. Drury (Cal. Bar No. 163559) Counsel for Plaintiffs 6 HOLLAND & HART LLP 7 8 /s/ Matthew B. Hippler MATTHEW B. HIPPLER (Cal. Bar No. 212036) 9 and 4 10 11 STEVEN G. JONES (Pro Hac Vice Application pending) EMILY C. SCHILLING (Pro Hac Vice Application pending) HOLLAND & HART LLP Counsel for Defendants HOLLAND & HART LLP 222 SO. MAIN STREET, SUITE 2200 SALT LAKE CITY, UTAH 84101 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER RE: SERVICE OF INITIAL PAPERS AND DEADLINE FOR DEFENDANTS’ ANSWER OR RESPONSE Case No. 2:14-cv-01612-MCE-KJN 3 1 ORDER 2 Based on the Parties’ Stipulation above, the Court enters the following ORDER: 3 1. 4 Plaintiffs’ electronic transmittal of documents to Defendants’ counsel on July 10, 2014 constitutes effective service of the following documents on Defendants: 5 (1) Plaintiffs’ Complaint; 6 (2) Civil Cover Sheet; 7 (3) Summons issued by the Court; 8 (4) Notice of Availability of Voluntary Dispute Resolution; 9 (5) Order Requiring Joint Status Report; and, 10 11 HOLLAND & HART LLP 222 SO. MAIN STREET, SUITE 2200 SALT LAKE CITY, UTAH 84101 12 13 14 15 (6) Notice of Availability of a Magistrate Judge to Exercise Jurisdiction and Appeal Instructions and Consent or Declination to Jurisdiction of Magistrate Judge. 2. Defendants’ Answer or other response to Plaintiffs’ Complaint is due on or before September 8, 2104. IT IS SO ORDERED. Dated: July 30, 2014 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER RE: SERVICE OF INITIAL PAPERS AND DEADLINE FOR DEFENDANTS’ ANSWER OR RESPONSE Case No. 2:14-cv-01612-MCE-KJN 4

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