Russian Hill Capital, LP v. Energy Corporation of America

Filing 15

ORDER by Judge Haywood S. Gilliam, Jr. Granting 14 Stipulation Setting Briefing Schedule on Defendant's Motion to Dismiss. (ndr, COURT STAFF) (Filed on 6/18/2015)

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Michael L. Charlson (SBN 122125)
[e-mail]
VINSON & ELKINS LLP
525 Market Street, Suite 2750
San Francisco, California 94105-2763
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
ENERGY CORPORATION OF AMERICA
[Name and Address of Additional
Counsel Listed on Signature Page]

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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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RUSSIAN HILL CAPITAL, L.P.,

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Case No. 3:15-cv-02554-HSG

Plaintiff,

STIPULATION AND ORDER
SETTING BRIEFING SCHEDULE ON
DEFENDANT’S MOTION TO
DISMISS

vs.
ENERGY CORPORATION OF AMERICA
and DOES 1-10,

Civil L. R. 7-3

Defendants.

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Before the Hon. Haywood S. Gilliam, Jr.

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RECITALS

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WHEREAS, Plaintiff Russian Hill Capital, L.P. (“Russian Hill”) commenced this action

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by filing its Complaint For: (1) Fraud [and] (2) Misrepresentation of Facts Cal Corp Code §

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25501(the “Complaint”) on May 5, 2014 in the Superior Court of the State of California, County

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of San Francisco;

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WHEREAS, Russian Hill served the Complaint on Defendant Energy Corporation of
America (“ECA”) on May 14, 2015;
WHEREAS, ECA removed the action to this Court on June 9, 2015, with ECA’s filing of
its Notice of Removal;
WHEREAS, on June 16, 2015, ECA filed a Motion to Dismiss the Complaint (the
STIP. & [PROPOSED] ORDER SETTING BRIEFING SCHEDULE
CASE NO. 3:15-cv-02554- HSG

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“Motion”);

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WHEREAS, at the time ECA filed the Motion, the first date available on the Court’s

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calendar for a hearing was August 13, 2015; and, after consultation with counsel to Russian Hill,

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the Motion was noticed for hearing on the Court’s regular law and motion calendar for August 13,

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2015; and

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WHEREAS, the parties wish to modify the briefing schedule normally provided for in

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Civil L. R. 7-3, on terms that will both accommodate certain commitments of counsel on other

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matters and still afford the Court 21 days of preparation time before the hearing date;

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THEREFORE, subject to the Court’s approval, the parties agree as follows:

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STIPULATION

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1.

Russian Hill shall file any papers in opposition to the Motion on or before July 13,

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ECA shall file any reply papers on or before July 23, 2015.

2015.

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Dated: June 18, 2015

VINSON & ELKINS LLP
By: /s/ Michael L. Charlson
Michael L. Charlson

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Attorneys for Defendant
ENERGY CORPORATION OF AMERICA

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KAUFHOLD GASKIN LLP
Steven S. Kaufhold (SBN 157195)
Jonathan B. Gaskin (SBN 203615)
388 Market Street, Suite 1300
San Francisco, California 94111
Telephone: [phone]

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By: /s/ Steven S. Kaufhold________
Steven S. Kaufhold

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Attorneys for Plaintiff
RUSSIAN HILL CAPITAL, LP

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STIP. & [PROPOSED] ORDER SETTING BRIEFING SCHEDULE
CASE NO. 3:15-cv-02554- HSG

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ORDER
Pursuant to stipulation of the parties and good causing appearing, briefing on Defendant
Energy Corporation of America’s Motion to Dismiss, filed June 16, 2015, shall be as follows:

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1.

Any opposition papers shall be filed on or before July 13, 2015.

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2.

Any reply papers shall be filed on or before July 23, 2015.

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Subject to any further order of the Court, the hearing on the motion to dismiss will be held

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as part of the Court’s regular law and motion calendar on August 13, 2015.
SO ORDERED.

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Dated: June 18, 2015

______________________________
United States District Judge

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STIP. & [PROPOSED] ORDER SETTING BRIEFING SCHEDULE
CASE NO. 3:15-cv-02554- HSG

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ATTESTATION OF ELECTRONIC FILING
I, Michael L. Charlson, am the ECF User whose ID and password are being used to file

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this Stipulation and Proposed Order Setting Briefing Schedule of Defendant’s Motion to

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Dismiss. I hereby attest that counsel whose e-signatures appear above have concurred with this

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filing.

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VINSON & ELKINS LLP

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By: /s/ Michael L. Charlson
Michael L. Charlson

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Attorneys for Defendant
ENERGY CORPORATION OF AMERICA

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CERTIFICATE OF SERVICE

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The undersigned certifies that on June 18, 2015, a true and correct copy of the foregoing

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instrument was served upon counsel of record, in accordance with the Federal Rules of Civil

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Procedure and Civil L.R. 5-1.

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VINSON & ELKINS LLP

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By: /s/ Michael L. Charlson
Michael L. Charlson

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Attorneys for Defendant
ENERGY CORPORATION OF AMERICA

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US 3578595v.1

STIP. & [PROPOSED] ORDER SETTING BRIEFING SCHEDULE
CASE NO. 3:15-cv-02554- HSG

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