Hulsey et al v. Pacific Gas and Electric Company et al

Filing 34

STIPULATION AND ORDER re 33 STIPULATION WITH PROPOSED ORDER SETTING BRIEFING SCHEDULE AND CONTINUING HEARING DATES filed by Pacific Gas and Electric Company, Set/Reset Deadlines as to 33 STIPULATION WITH PROPOSED ORDER SETT ING BRIEFING SCHEDULE AND CONTINUING HEARING DATES, 9 MOTION to Dismiss Plaintiffs' First Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted Pursuant to Fed. R. Civ. P. 12(b)(6), 24 MOTION to Dis miss Plaintiffs' First Amended Complaint Pursuant to Federal Rules of Civil Procedure Rule 12B; Memorandum of Points and Authorities, 23 First MOTION to Remand . Responses due by 9/17/2013. Replies due by 9/26/2013. Motion Hearing set for 10/31/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 8/27/13. (bpf, COURT STAFF) (Filed on 8/27/2013)

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Philip J. Wang (SBN 218349)
Traci M. Keith (SBN 235828)
LIM, RUGER & KIM, LLP
One Maritime Plaza, Suite 825
San Francisco, CA 94111
Phone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant Pacific Gas & Electric
Company

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROMAN HULSEY, CHRISTINA QUINN,
PATRICIA ADAMS, WINIFRED THOMAS,
LINDA CREEL, AND ABRAM PERLSTEIN,

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Case No.: 3:13-cv-03355-EMC
STIPULATION AND [PROPOSED] ORDER
SETTING BRIEFING SCHEDULES AND
CONTINUING HEARING DATES

Plaintiffs,
vs.

Honorable Edward M. Chen
PACIFIC GAS AND ELECTRIC COMPANY,
WELLINGTON ENERGY INC., LANDIS AND
GYR, AND DOES 1-20, INCLUSIVE,

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Defendants.

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{00868903.DOC}

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STIPULATION AND [PROPOSED] ORDER
SETTING BRIEFING SCHEDULE AND
CONTINUING HEARING DATE
Case No. 3:13-cv-03355-EMC

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Plaintiffs, Defendant Pacific Gas & Electric Company (“PG&E”), Defendant Landis + Gyr,

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Inc. (“L+G”), and Defendant Wellington Power Corporation (“Wellington”), by and through their

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respective undersigned counsel, agree as follows:

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WHEREAS, L+G filed a Motion to Dismiss the FAC on July 25, 2013 (Docket #9), which is
currently set for hearing on September 26, 2013;

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WHEREAS, Plaintiffs filed a Motion to Remand (Docket #23), which is currently set for
hearing on September 26, 2013;

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WHEREAS, Wellington filed a Motion to Dismiss the FAC and Joinder in L+G’s Motion to

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Dismiss the FAC on August 19, 2013 (Docket #24), which is currently set for hearing on September

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26, 2013;

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WHEREAS, Plaintiffs and PG&E have agreed that PG&E shall have until September 17,
2013 to respond to Plaintiffs’ Motion to Remand;

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WHEREAS, Plaintiffs and PG&E previously agreed, and the Court so ordered, that PG&E
shall have until September 20, 2013 to answer or otherwise respond to the FAC (Docket #21);

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WHEREAS, PG&E intends to file a Motion to Dismiss the FAC by September 20, 2013;

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WHEREAS, the Case Management Conference is currently set for October 10, 2013;

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WHEREAS, judicial economy and the convenience of the parties are best served by having all

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three motions to dismiss as well as Plaintiffs’ motion to remand heard on the same day;

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NOW THEREFORE, IT IS HEREBY STIPULATED by and among, Plaintiffs, PG&E,

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Wellington, and L+G, through their respective counsel, and subject to Court approval as follows:

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1. L+G’s Motion to Dismiss, Wellington’s Motion to Dismiss and Joinder in L+G’s

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Motion to Dismiss, and Plaintiffs’ Motion to Remand are all continued and shall be heard together on

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October 31, 2013 at 1:30 p.m.;

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2. The opposition(s) to Plaintiffs’ Motion to Remand will be filed no later than
September 17, 2013; Plaintiffs’ reply will be filed no later than September 24, 2013;

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3. PG&E will file its Motion to Dismiss by September 20, 2013 and will set it for

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hearing on October 31, 2013 at 1:30 p.m.

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///
{00868903.DOC}

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STIPULATION AND [PROPOSED] ORDER
SETTING BRIEFING SCHEDULE AND
CONTINUING HEARING DATE
Case No. 3:13-cv-03355-EMC

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4. The Case Management Conference will be continued to a date after October 31, 2013
that is convenient for the Court.

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DATED: August 26, 2013

Respectfully submitted,

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By:

/s/

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Philip J. Wang

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Lim, Ruger & Kim, LLP

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Attorneys for Defendant Pacific Gas &
Electric Company

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By:

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/s/
Paul R. Overett

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Law Offices of Paul R. Overett

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Attorneys for Plaintiffs Hulsey, Quinn,
Adams, Thomas, Creel and Perlstein

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By:

/s/

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Donald F. Zimmer Jr.

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King & Spalding

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Attorneys for Defendant Landis+Gyr, Inc.

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By:

/s/

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Noel Edlin

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Bassi Edlin Huie & Blum LLP

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Attorneys for Defendant Wellington Power
Corporation

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{00868903.DOC}

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STIPULATION AND [PROPOSED] ORDER
SETTING BRIEFING SCHEDULE AND
CONTINUING HEARING DATE
Case No. 3:13-cv-03355-EMC

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ATTESTATION CLAUSE

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I, Philip J. Wang, am the ECF User whose ID and password are being used to file this

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STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND

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CONTINUING HEARING DATE. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest

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that Paul R. Overett, Donald F. Zimmer, and Noel Edlin have concurred in this filing.

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Date: August 26, 2013

LIM, RUGER & KIM LLP

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By: /s/ Philip J. Wang

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{00868903.DOC}

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STIPULATION AND [PROPOSED] ORDER
SETTING BRIEFING SCHEDULE AND
CONTINUING HEARING DATE
Case No. 3:13-cv-03355-EMC

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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IT IS FURTHER ORDERED THAT the Case Management Conference is continued to

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11/27/13
___________________ with the Case Management Statement due by ___________________.

12/5/13

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_____________________________________
The Honorable Edward M. Chen
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APPRO
United States District Court Judge

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DATED: ___________________

UNIT
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8/27/13

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{00868903.DOC}

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STIPULATION AND [PROPOSED] ORDER
SETTING BRIEFING SCHEDULE AND
CONTINUING HEARING DATE
Case No. 3:13-cv-03355-EMC