Panthera Rail Car LLC et al v. Kasgro Rail Corporation et al

Filing 50

ORDER granting 49 STIPULATION WITH PROPOSED ORDER TO CONTINUE APRIL 19, 2013, HEARING ON DEFENDANTS' MOTIONS TO DISMISS OR TRANSFER ACTION AND TO CONTINUE MAY 2, 2013, INITIAL CASE MANAGEMENT CONFERENCE filed by Panthera Rail Car LLC.. Signed by Judge Susan Illston on 4/15/13. (tfS, COURT STAFF) (Filed on 4/15/2013)

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MARCIE KEENAN FARANO (State Bar No. 177939)
MATTHEW A. RICHARDS (State Bar No. 233166)
NIXON PEABODY LLP
One Embarcadero Center, Suite 1800
San Francisco, CA 94111-3996
Telephone: [phone]
Facsimile: [phone]
DEBORAH L. THAXTER (pro hac vice)
NIXON PEABODY LLP
100 Summer Street
Boston, MA 02110-2131
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff Panthera Railcar LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO

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PANTHERA RAIL CAR LLC,

Case No.: CV 12-06458 SI

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Plaintiff,
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vs.
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KASGRO RAIL CORPORATION, a Pennsylvania
corporation, KASGRO LEASING, LLC, KR
LOGISTICS, LLC, and KASGRO RAIL CAR
MANAGEMENT,
Defendants.

STIPULATION AND [PROPOSED] ORDER
TO CONTINUE APRIL 19, 2013, HEARING
ON DEFENDANTS’ MOTIONS TO
DISMISS OR TRANSFER ACTION AND
TO CONTINUE MAY 2, 2013, INITIAL
CASE MANAGEMENT CONFERENCE

Complaint Filed:

December 20, 2012

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-1STIPULATION TO CONTINUE HEARING ON MOTIONS TO
DISMISS OR TRANSFER ACTION AND INITIAL CMC
CASE NO. CV 12-6458 SI

14331698.1

STIPULATION

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WHEREAS the Amended Complaint in this action, entitled Panthera Rail Car LLC v. Kasgro
Rail Corporation, et al. (N.D. Cal. Civil Case No. CV 12-06458 SI), was filed on February 15, 2013;
WHEREAS all Defendants filed motions to dismiss or transfer this action and the Court
recently set those motions for hearing on April 19, 2013;
WHEREAS the subject motions are fully briefed and pending;
WHEREAS Deborah Thaxter, counsel for Plaintiff Panthera Rail Car LLC, will be on a
prescheduled vacation and unavailable on April 19, 2013;
WHEREAS the parties, having met and conferred regarding their availability for a
rescheduled hearing on the Court’s regular motion calendar, have been unable to find a mutually
agreeable date in May on which the Court is also available;
WHEREAS the parties are available for a hearing on May 13, 2013, or May 14, 2013, in the
alternative, seek the Court’s leave to have the motions to dismiss or transfer heard on one of these
days, and have been informed by the Court that the hearing can be set for May 14, 2013 at 4:00 p.m.;
WHEREAS the Initial Case Management Conference (“CMC”) in this action is presently set
for May 2, 2013 at 2:30 p.m. in Courtroom 10;
WHEREAS the parties desire to have Defendants’ motions to dismiss or transfer heard and
decided prior to the Initial CMC in this action; and
WHEREAS the parties, having met and conferred regarding their availability for an Initial
CMC in June, have agreed to a brief continuance of the Initial CMC until June 28, 2013;
THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff Panthera Rail Car
LLC, on the one hand, and Defendants Kasgro Rail Corporation, Kasgro Leasing, LLC, KR
Logistics, LLC, and Kasgro Rail Car Management, on the other hand, as follows:
1.

The parties seek the Court’s leave to have the hearing on Defendants’ pending motions

to dismiss or transfer filed in the above captioned matter continued until May 14, 2013, at 4:00 p.m.
in Courtroom 10, or such other time on May 14, 2013, as is convenient to the Court.
2.

The Initial CMC in the above-captioned matter shall be continued until June 28, 2013,

at 2:30 p.m. in Courtroom 10.
-2STIPULATION TO CONTINUE HEARING ON MOTIONS TO
DISMISS OR TRANSFER ACTION AND INITIAL CMC
CASE NO.: C 12-6458 SI

14331698.1

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IT IS SO STIPULATED.

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Dated: April 9, 2013

NIXON PEABODY LLP

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/s/ Marcie Keenan Farano
MARCIE KEENAN FARANO
Attorneys for Plaintiff Panthera Railcar LLC

By:

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Dated: April 9, 2013

QUARLES & BRADY LLP

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By: /s/ John C. Schaak
STEVEN J. BERRYMAN
JOHN C. SCHAAK
JAMES E. GOLDSCHMIDT
Attorneys for Defendants Kasgro Rail
Corporation, Kasgro Leasing, LLC, and Kasgro
Rail Car Management

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Dated: April 9, 2013

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

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By: /s/ Steven B. Sacks
STEVEN B. SACKS
Attorneys for Defendants Kasgro Rail
Corporation, Kasgro Leasing, LLC, and Kasgro
Rail Car Management

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Dated: April 9, 2013

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STEYER LOWENTHAL BOODROOKAS ALVAREZ
& SMITH LLP

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By: /s/ Jeffrey H. Lowenthal
JEFFREY H. LOWENTHAL
GABRIEL D. ZELDIN
Attorneys for Defendant KR Logistics, LLC

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-3STIPULATION TO CONTINUE HEARING ON MOTIONS TO
DISMISS OR TRANSFER ACTION AND INITIAL CMC
CASE NO.: C 12-6458 SI

14331698.1

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Dated: April 9, 2013

ROSE & deJONG S.C.

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By: /s/ Lora L. LoCoco
DOUGLAS W. ROSE
LORA L. LOCOCO
Attorneys for Defendants KR Logistics, LLC

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ATTESTATION CLAUSE

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Pursuant to Northern District of California Local Rule 5-1(i)(3), I hereby attest that I have
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obtained from each of the other signatories to this document—indicated above by a “conformed” (/s/)
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signature—their concurrence to the e-filing of this document in its present form, which shall serve in
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lieu of their respective signatures on this document.
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Dated: April 9, 2013

NIXON PEABODY LLP

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/s/ Marcie Keenan Farano
MARCIE KEENAN FARANO
Attorneys for Plaintiff Panthera Railcar LLC

By:

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-4STIPULATION TO CONTINUE HEARING ON MOTIONS TO
DISMISS OR TRANSFER ACTION AND INITIAL CMC
CASE NO.: C 12-6458 SI

14331698.1

[PROPOSED] ORDER

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Pursuant to the Stipulation of the parties as set forth above, and for good cause showing, the
Court orders as follows:
1.

The hearing on the pending motions to dismiss or transfer filed by all defendants in the

above- captioned matter shall be continued until May 14, 2013, at 4:00 p.m. in Courtroom 10.
2.

The Initial CMC in the above-captioned matter shall be continued until June 28, 2013,

at 2:30 p.m. in Courtroom 10.
IT IS SO ORDERED.

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Dated: April ___, 2013
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HON. SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

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-5STIPULATION TO CONTINUE HEARING ON MOTIONS TO
DISMISS OR TRANSFER ACTION AND INITIAL CMC
CASE NO.: C 12-6458 SI

14331698.1