PNC Equipment Finance, LLC v. California Fairs Financing Authority et al

Filing 8

ORDER re 7 Stipulation filed by Sonoma County Fair and Exposition, Inc. Signed by Magistrate Judge Jacqueline Scott Corley on 8/30/2011. (ahm, COURT STAFF) (Filed on 8/30/2011)

1 BRUCE D. GOLDSTEIN, State Bar No. 135970
County Counsel

2 ANNE L. KECK, State Bar No. 136315
Deputy County Counsel

3 County of Sonoma
575 Administration Drive, Room 105A

4 Santa Rosa, California 95403-2815
Telephone: [phone]

5 Facsimile: [phone]
E-mail: [e-mail]

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7 Attorneys for the Sonoma County
Fair and Exposition, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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12 PNC EQUIPMENT FINANCE, LLC, a Delaware
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No. CV-11-3768 JSC

limited liability company, as successor to
NATIONAL CITY COMMERCIAL CAPITAL
CORPORATION,

STIPULATION TO EXTEND SONOMA
COUNTY FAIR AND EXPOSITION,
INC.’S TIME TO RESPOND TO THE
COMPLAINT; [PROPOSED] ORDER

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Plaintiff,

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v.

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CALIFORNIA FAIRS FINANCING AUTHORITY,

17 et al.,
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Defendants.
/

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This joint stipulation and request for entry of order is entered into by and between Plaintiff

21 PNC Equipment Finance, LLC, a Delaware limited liability company, as successor to National City
22 Commercial Capital Corporation (“Plaintiff”), and Defendant the Sonoma County Fair and
23 Exposition, Inc., a non-profit corporation organized and existing under the laws of the State of
24 California (“Sonoma County Fair”). This stipulation and concomitant request for order is made to
25 provide the Sonoma County Fair with additional time in which to respond to the Complaint through
26 September 21, 2011, which will not affect any other dates scheduled by this Court. The terms and
27 provisions of this stipulation and request for order are set forth below.
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Stipulation to Extend Sonoma County Fair and
Exposition, Inc.’s Time to Respond to the
Complaint; [Proposed] Order

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USDC Case No. CV-11-3768 JSC

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RECITALS

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A.

Plaintiff filed its Complaint for (1) Specific Performance; (2) Declaratory Relief; and

3 (3) Injunctive Relief herein on August 1, 2011 (the “Complaint”). Service was effectuated on the
4 Sonoma County Fair on August 8, 2011.
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B.

To provide the Sonoma County Fair and its counsel with sufficient time to review and

6 consider the allegations set forth in the Complaint, counsel for Plaintiff has consented to extend the
7 time for the Sonoma County Fair to respond to the Complaint through September 21, 2011.
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C.

Extending the Sonoma County Fair’s time to respond to the Complaint will not affect

9 any other scheduling set by this Court pursuant to its Order Setting Initial Case Management
10 Conference and ADR Deadlines entered on August 1, 2011; the schedule requires certain tasks be
11 completed by October 27, 2011, and sets the Case Management Conference to be held on November
12 17, 2011.
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D.

Submission of this stipulation to the Magistrate Judge does not constitute consent on

14 the part of either party to the Magistrate Judge hearing and deciding all matters with respect to this
15 action.
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WHEREFORE, the parties to this stipulation hereby agree and request entry of a court order

17 as follows:
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STIPULATION

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1.

The time in which Defendant the Sonoma County Fair and Exposition, Inc. may file

20 and serve its response to the Complaint is requested to be extended through September 21, 2011.
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2.

Submission of this stipulation to the Magistrate Judge does not constitute consent on

22 the part of either party to the Magistrate Judge hearing and deciding all matters with respect to this
23 action.
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Stipulation to Extend Sonoma County Fair and
Exposition, Inc.’s Time to Respond to the
Complaint; [Proposed] Order

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USDC Case No. CV-11-3768 JSC

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This stipulation does not prevent or preclude the parties from seeking additional relief

2 from this Court, to amend this stipulation and order or otherwise.
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Respectfully submitted,

4 Dated: August 29, 2011

Bruce D. Goldstein, County Counsel

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By:

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/s/ Anne L. Keck
Anne L. Keck, Deputy County Counsel
Attorneys for Defendant the Sonoma County
Fair and Exposition, Inc.

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Dated: August 29, 2011

Levy, Small & Lallas

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By:

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/s/ Leo D. Plotkin
Leo D. Plotkin
Attorneys for Plaintiff

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[PROPOSED] ORDER

12 Pursuant to the foregoing stipulation, and with good cause appearing,
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IT IS HEREBY ORDERED that Defendant the Sonoma County Fair and Exposition, Inc. may

14 file and serve its response to the Complaint through and including September 21, 2011.
15 Date: _____________
August 30, 2011
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___________________________________
HONORABLE JACQUELINE S. CORLEY
United States Magistrate Judge

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Stipulation to Extend Sonoma County Fair and
Exposition, Inc.’s Time to Respond to the
Complaint; [Proposed] Order

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USDC Case No. CV-11-3768 JSC

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ELECTRONIC CASE FILING ATTESTATION
I, Anne L. Keck, am the ECF User whose identification and password are being used to file

3 this STIPULATION TO EXTEND SONOMA COUNTY FAIR AND EXPOSITION, INC.’S
4 TIME TO RESPOND TO THE COMPLAINT; [PROPOSED] ORDER on behalf of Plaintiff
5 and Defendant the Sonoma County Fair and Exposition, Inc. pursuant to Civil Local Rule 7-11. In
6 compliance with General Order No. 45(X)(B), I hereby attest that the concurrence in the filing of
7 this document has been obtained from its signatories.
8 Dated: August 29, 2011

Sonoma County Counsel

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By: /s/ Anne L. Keck
Anne L. Keck
Deputy County Counsel

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Stipulation to Extend Sonoma County Fair and
Exposition, Inc.’s Time to Respond to the
Complaint; [Proposed] Order

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USDC Case No. CV-11-3768 JSC