Russian Hill Capital, LP v. Energy Corporation of America

Filing 35

ORDER by Judge Haywood S. Gilliam, Jr. Granting 34 Stipulation SETTING TIME FOR RESPONSE TO FIRST AMENDED COMPLAINT.(ndrS, COURT STAFF) (Filed on 3/29/2016)

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Michael L. Charlson (SBN 122125)
[e-mail]
VINSON & ELKINS LLP
555 Mission Street, Suite 2000
San Francisco, CA 94105-0923
Telephone: [phone]
Facsimile: [phone]

Steven S. Kaufhold (SBN 203625)
[e-mail]
KAUFHOLD GASKIN LLP
388 Market Street, Suite 1300
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

Craig E. Zieminski (Admitted Pro Hac Vice)
[e-mail]
VINSON & ELKINS LLP
2001 Ross Avenue, Suite 3700
Dallas, TX 75201-2975
Telephone:
[phone]
Facsimile:
[phone]

Attorneys for Plaintiff
RUSSIAN HILL CAPITAL, LP

Attorneys for Defendant
ENERGY CORPORATION OF AMERICA

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RUSSIAN HILL CAPITAL, LP,

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

Plaintiff,

STIPULATION AND ORDER SETTING
TIME FOR RESPONSE TO FIRST
AMENDED COMPLAINT

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

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Honorable Haywood S. Gilliam, Jr.
Courtroom 15

Defendants.

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The parties, by and through their respective counsel of record, stipulate as follows:

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WHEREAS, Plaintiff Russian Hill Capital, LP filed and served its First Amended

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Complaint for: (1) Fraud (2) Misrepresentation of Facts – Cal Corp Code § 25501 (3) Violation

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of Section 14(e) of Exchange Act (the “First Amended Complaint”) on July 7, 2015;

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WHEREAS, Defendant Energy Corporation of America moved to dismiss the First
Amended Complaint;
WHEREAS, Defendant Energy Corporation of America moved to dismiss the First
Amended Complaint;
Stipulation and [Proposed] Order Setting Time for
Response to First Amended Complaint

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Case No. 15-cv-02554 HSG

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WHEREAS, by order entered March 15, 2016, the Court granted in part and denied in part

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Defendant’s motion to dismiss, granting Plaintiff 30 days’ leave to amend the dismissed claim

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under Section 14(e) – that is, until April 14, 2016;

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WHEREAS, Defendant and Plaintiff have agreed to clarify the date for Defendant’s
response to the First Amended Complaint; and
WHEREAS, the requested schedule will not modify the schedule the Court set for a Case
Management Conference on April 19, 2016;

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

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1.

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Defendant’s response to Plaintiff’s remaining claims in the First Amended

Complaint shall be due on or before April 14, 2016.
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This Stipulation is without prejudice to further scheduling discussions and

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suggestions to the Court that the parties may engage in should Plaintiff elect to amend the First

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Amended Complaint.

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Dated: March 28, 2016

Dated: March 28, 2016

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KAUFHOLD GASKIN LLP

VINSON & ELKINS L.L.P.

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

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

Attorneys for Plaintiff
RUSSIAN HILL CAPITAL, LP

Attorneys for Defendant
ENERGY CORPORATION OF AMERICA

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ORDER

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Pursuant to the above stipulation, it is SO ORDERED.

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Dated: March 29, 2016

_______________________________
Honorable Haywood S. Gilliam, Jr.
United States District Judge

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Stipulation and [Proposed] Order Setting Time for
Response to First Amended Complaint

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Case No. 15-cv-02554 HSG

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Civil L.R. 5-1(i)

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I, Michael L. Charlson, hereby attest that Steven S. Kaufhold has concurred in the filing of

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this document.

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

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CERTIFICATE OF SERVICE

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The undersigned certifies that on March 28, 2016, the foregoing document was filed with

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the Clerk of the U. S. District Court for the Northern District of California, using the court’s

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electronic case filing system (ECF), in compliance with Civil L.R. 5-1. The ECF sends a Notice

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of Electronic Filing (NEF) to all parties and counsel who have appeared in this action and who

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have consented under Civil L.R. 5-1 to accept that NEF as service of this document.

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Dated: March 28, 2016

VINSON & ELKINS L.L.P.

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

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Stipulation and [Proposed] Order Setting Time for
Response to First Amended Complaint

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Case No. 15-cv-02554 HSG