Russian Hill Capital, LP v. Energy Corporation of America

Filing 27

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)

1
2
3
4
5
6
7

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]

8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

12

RUSSIAN HILL CAPITAL, L.P.,

13
14
15
16

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.

17
18
19

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

20

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

21

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

22

of San Francisco;

23
24
25
26

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;

27

WHEREAS, on June 16, 2015, ECA filed a motion to dismiss the Complaint;

28

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

1

1

and instead exercised its right under Fed. R. Civ. P. 15(a)(1)(B) to amend its pleading by filing its

2

First Amended Complaint For: (1) Fraud, (2) Misrepresentation of Facts – Cal Corp Code §

3

25501, [and] (3) Violation of Section 14(e) of the Exchange Act (the “First Amended

4

Complaint”);

5
6
7
8
9
10

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;

11

WHEREAS, in light of the procedural posture of the case, the parties believe that it would

12

be more efficient to postpone the initial case management conference and related proceedings

13

(including the dates contemplated by the Initial Case Management Scheduling Order, the

14

preparation of an initial case management conference statement and initial disclosures and meet-

15

and-confer obligations under Fed. R. Civ. P. 26) until after the Court’s disposition of the Motion;

16

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

17
18

STIPULATION
1.

The Case Management Conference currently scheduled in this action for

19

September 8, 2015, is vacated, together with all associated dates set out in the Initial Case

20

Management Scheduling Order and deadlines for the filing of a case management conference

21

statement, initial disclosures and meet-and-confer discussions under Fed. R. Civ. P. 26. In

22

addition, the parties are excused for now from filing an ADR Certification or to meet-and-confer

23

to select an ADR process.

24

2.

Within ten days of the Court’s disposition of the Motion, the parties will propose

25

to the Court a schedule for an initial case management conference and related dates (including

26

initial disclosures and timing for meet-and-confer discussions to select an alternative dispute

27

resolution process), which proposed schedule can and should take into account the timing of any

28

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

2

1

example, should the Court grant the Motion with leave to amend and Russian Hill indicates an

2

intention to amend its pleading, the parties’ proposed schedule may contemplate a delay in an

3

initial case management conference until after the further amendment to the complaint or

4

disposition of a new motion to dismiss that hypothetical amended complaint.

5
6

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.

7
8

Dated: August 20, 2015

VINSON & ELKINS LLP

9
By: /s/ Michael L. Charlson
Michael L. Charlson

10
11

Attorneys for Defendant
ENERGY CORPORATION OF AMERICA

12
13

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

14
15
16
17

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

18
19

Attorneys for Plaintiff
RUSSIAN HILL CAPITAL, LP

20
21
22
23
24
25
26
27
28
STIP. & [PROPOSED] ORDER TO POSTPONE
INITIAL CASE MANAGEMENT CONFERENCE

CASE NO. 3:15-cv-02554- HSG

3

1
2

ORDER
Pursuant to stipulation of the parties and good causing appearing, IT IS SO ORDERED.

3

The initial Case Management Conference currently scheduled for September 8, 2015, together

4

with related dates for filing of a case management conference statement and for initial disclosures

5

and meet-and-confer discussions under Fed. R. Civ. P. 26, are postponed pending the Court’s

6

resolution of Defendant’s pending motion to dismiss. The Clerk’s Notice concerning compliance

7

with the Court’s local ADR-related rules dated August 19, 2015, is also vacated pending the

8

Court’s resolution of the Motion.

9
10

Dated: August 21, 2015

______________________________
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIP. & [PROPOSED] ORDER TO POSTPONE
INITIAL CASE MANAGEMENT CONFERENCE

CASE NO. 3:15-cv-02554- HSG

4

1
2

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

3

this STIPULATION AND [PROPOSED] ORDER TO POSTPONE INITIAL CASE

4

MANAGEMENT CONFERENCE AND RELATED DATES. I hereby attest that counsel whose

5

e-signatures appear above have concurred with this filing.

6

VINSON & ELKINS LLP

Dated: August 20, 2015

7
8

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

9

Attorneys for Defendant
ENERGY CORPORATION OF AMERICA

10
11
12
13

CERTIFICATE OF SERVICE

14

The undersigned certifies that on August 20, 2015, the foregoing document was

15

electronically filed with the Clerk of the Court for the UNITED STATES DISTRICT COURT,

16

NORTHERN DISTRICT OF CALIFORNIA, using Court's Electronic Case Filing (ECF) system.

17

The ECF system routinely sends a "Notice of Electronic Filing" to all attorneys of record who

18

have consented to accept this notice as service of this document by electronic means.

19
20

Dated: August 20, 2015

VINSON & ELKINS LLP

21
By: /s/ Michael L. Charlson
Michael L. Charlson

22
23

Attorneys for Defendant
ENERGY CORPORATION OF AMERICA

24
25
26
27
28
STIP. & [PROPOSED] ORDER TO POSTPONE
INITIAL CASE MANAGEMENT CONFERENCE

CASE NO. 3:15-cv-02554- HSG

5