Russian Hill Capital, LP v. Energy Corporation of America
Filing
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ORDER by Judge Haywood S. Gilliam, Jr. Granting 25 Stipulation TO POSTPONE INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DATES. (ndrS, COURT STAFF) (Filed on 8/21/2015)
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Michael L. Charlson (SBN 122125)
mcharlson@velaw.com
VINSON & ELKINS LLP
525 Market Street, Suite 2750
San Francisco, California 94105-2763
Telephone:
(415) 979-6900
Facsimile:
(415) 651-8786
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 TO
POSTPONE INITIAL CASE
MANAGEMENT CONFERENCE AND
RELATED DATES
vs.
ENERGY CORPORATION OF AMERICA
and DOES 1-10,
Before the Hon. Haywood S. Gilliam, Jr.
Defendants.
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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;
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WHEREAS, on June 16, 2015, ECA filed a motion to dismiss the Complaint;
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WHEREAS, on July 7, 2015, Russian Hill elected not to oppose ECA’s motion to dismiss
STIP. & [PROPOSED] ORDER TO POSTPONE
INITIAL CASE MANAGEMENT CONFERENCE
CASE NO. 3:15-cv-02554- HSG
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and instead exercised its right under Fed. R. Civ. P. 15(a)(1)(B) to amend its pleading by filing its
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First Amended Complaint For: (1) Fraud, (2) Misrepresentation of Facts – Cal Corp Code §
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25501, [and] (3) Violation of Section 14(e) of the Exchange Act (the “First Amended
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Complaint”);
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WHEREAS, ECA filed a motion to dismiss directed to the First Amended Complaint (the
“Motion”);
WHEREAS, briefing on the Motion is continuing, and a hearing on the Motion is
scheduled for the Court’s regular law-and-motion calendar on Thursday, September 24, 2015;
WHEREAS, an initial case management conference was scheduled in this matter when it
was first filed and is currently on calendar for Tuesday, September 8, 2015;
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WHEREAS, in light of the procedural posture of the case, the parties believe that it would
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be more efficient to postpone the initial case management conference and related proceedings
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(including the dates contemplated by the Initial Case Management Scheduling Order, the
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preparation of an initial case management conference statement and initial disclosures and meet-
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and-confer obligations under Fed. R. Civ. P. 26) until after the Court’s disposition of the Motion;
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THEREFORE, subject to the Court’s approval, the parties agree as follows:
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STIPULATION
1.
The Case Management Conference currently scheduled in this action for
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September 8, 2015, is vacated, together with all associated dates set out in the Initial Case
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Management Scheduling Order and deadlines for the filing of a case management conference
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statement, initial disclosures and meet-and-confer discussions under Fed. R. Civ. P. 26. In
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addition, the parties are excused for now from filing an ADR Certification or to meet-and-confer
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to select an ADR process.
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2.
Within ten days of the Court’s disposition of the Motion, the parties will propose
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to the Court a schedule for an initial case management conference and related dates (including
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initial disclosures and timing for meet-and-confer discussions to select an alternative dispute
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resolution process), which proposed schedule can and should take into account the timing of any
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further proceedings that may be necessary in light of the Court’s disposition of the Motion. For
STIP. & [PROPOSED] ORDER TO POSTPONE
INITIAL CASE MANAGEMENT CONFERENCE
CASE NO. 3:15-cv-02554- HSG
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example, should the Court grant the Motion with leave to amend and Russian Hill indicates an
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intention to amend its pleading, the parties’ proposed schedule may contemplate a delay in an
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initial case management conference until after the further amendment to the complaint or
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disposition of a new motion to dismiss that hypothetical amended complaint.
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3.
The Clerk’s Notice concerning compliance with the Court’s local ADR-related
rules dated August 19, 2015, is also vacated pending the Court’s resolution of the Motion.
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Dated: August 20, 2015
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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KAUFHOLD GASKIN LLP
Steven S. Kaufhold (SBN 157195)
Jonathan B. Gaskin (SBN 203615)
388 Market Street, Suite 1300
San Francisco, California 94111
Telephone: (415) 445-4620
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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 TO POSTPONE
INITIAL CASE MANAGEMENT CONFERENCE
CASE NO. 3:15-cv-02554- HSG
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ORDER
Pursuant to stipulation of the parties and good causing appearing, IT IS SO ORDERED.
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The initial Case Management Conference currently scheduled for September 8, 2015, together
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with related dates for filing of a case management conference statement and for initial disclosures
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and meet-and-confer discussions under Fed. R. Civ. P. 26, are postponed pending the Court’s
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resolution of Defendant’s pending motion to dismiss. The Clerk’s Notice concerning compliance
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with the Court’s local ADR-related rules dated August 19, 2015, is also vacated pending the
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Court’s resolution of the Motion.
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Dated: August 21, 2015
______________________________
United States District Judge
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STIP. & [PROPOSED] ORDER TO POSTPONE
INITIAL CASE MANAGEMENT CONFERENCE
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 TO POSTPONE INITIAL CASE
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MANAGEMENT CONFERENCE AND RELATED DATES. I hereby attest that counsel whose
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e-signatures appear above have concurred with this filing.
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VINSON & ELKINS LLP
Dated: August 20, 2015
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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 August 20, 2015, the foregoing document was
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electronically filed with the Clerk of the Court for the UNITED STATES DISTRICT COURT,
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NORTHERN DISTRICT OF CALIFORNIA, using Court's Electronic Case Filing (ECF) system.
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The ECF system routinely sends a "Notice of Electronic Filing" to all attorneys of record who
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have consented to accept this notice as service of this document by electronic means.
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Dated: August 20, 2015
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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STIP. & [PROPOSED] ORDER TO POSTPONE
INITIAL CASE MANAGEMENT CONFERENCE
CASE NO. 3:15-cv-02554- HSG
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