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PNC Equip. Fin., LLC v. California Fairs Fin. Auth.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Jul 19, 2012
Case No. 2:11-CV-02019-GEB-CKD (E.D. Cal. Jul. 19, 2012)

Opinion

Case No. 2:11-CV-02019-GEB-CKD

07-19-2012

PNC EQUIPMENT FINANCE, LLC, a Delaware limited liability company, as successor to NATIONAL CITY COMMERCIAL CAPITAL CORPORATION, Plaintiff, v. CALIFORNIA FAIRS FINANCING AUTHORITY, a California joint powers authority; 15TH DISTRICT AGRICULTURAL ASSOCIATION, a state institution of the State of California; 18TH DISTRICT AGRICULTURAL ASSOCIATION, a state institution of the State of California; 21ST DISTRICT AGRICULTURAL ASSOCIATION, a state institution of the State of California; 26TH DISTRICT AGRICULTURAL ASSOCIATION, a state institution of the State of California; 27TH DISTRICT AGRICULTURAL ASSOCIATION, a state institution of the State of California; 30TH DISTRICT AGRICULTURAL ASSOCIATION, a state institution of the State of California; EL DORADO COUNTY FAIR ASSOCIATION, INC., a California corporation; and MADERA COUNTY LIVESTOCK ASSOCIATION, a California corporation, Defendants.

REED SMITH, LLP Peter J. Kennedy Attorneys for Plaintiff and Counterdefendant PNC Equipment Finance, LLC Harold P. Reiland, Jr. Attorneys for Defendants California Fairs Financing Authority, A California Joint Powers Authority; 15th District Agricultural Association, a State institution of the State of California; 18th District Agricultural Association, a State institution of the State of California; 21s District Agricultural Association, a State institution of the State of California; 26th District Agricultural Association, a State institution of the State of California; 27th District Agricultural Association, a State institution of the State of California; 30th District Agricultural Association, a State institution of the State of California CAULFIELD LAW FIRM Andrew T. Caulfield Attorneys for Defendant/Counter- claimant/Cross-Claimant El Dorado County Fair Association, Inc. AUCHARD & STEWART Paul Auchard Attorneys for Defendant Madera County Livestock Association


LEO D. PLOTKIN (SBN 101893)

LEVY, SMALL & LALLAS

A Partnership Including Professional Corporations

Marsha A. Houston (SBN 129956)

Peter J. Kennedy (SBN 166606)

Cristyn N. Chadwick (SBN 280705)

REED SMITH LLP

Attorneys for Plaintiff and Counterdefendant

PNC Equipment Finance, LLC

STIPULATION AND [PROPOSED]

ORDER RE CONTINUANCE OF

CERTAIN PRE-TRIAL DATES


Hon. Garland E. Burrell, Jr.

WHEREAS: The Court issued a Pre-Trial Scheduling Order on November 9, 2011, a copy of which is attached as Exhibit "A."

WHEREAS: The parties through their undersigned counsel respectfully request that certain dates be changed as follows:

- Discovery Cut-off: from August 15, 2012 to October 15, 2012;

- Last day for motion hearing: from October 1, 2012, to December 3, 2012;

- Final Pretrial Conference, from December 1, 2012, to February 4, 2013, at 3:30 p.m. A joint pretrial statement shall be filed seven days prior to the hearing.

WHEREAS: the Parties request these changes to the Pre-Trial Scheduling Order to permit them time to:

- address any outstanding issues arising from the pleadings, including without limitation (a) the results of California Fairs Financing Authority's pending motion to dismiss the Cross-Claim of El Dorado County Fair Association, Inc., (b) any further motions to dismiss by Plaintiff as to El Dorado County Fair Association, Inc.'s, amended pleading, and the forthcoming motion for leave to amend to be filed by El Dorado requesting leave to assert new counterclaims and affirmative defenses against Plaintiff, (c) any motions to dismiss by Plaintiff as to the California Fairs Financing Authority's recently filed cross-claim; (d) any motions to dismiss by El Dorado County Fair Association as to California Fairs Financing Authority's recent cross-claim filed against El Dorado, and (e) anticipated responses, cross-claims, or pleading motions by CFFA or any of the District Agricultural Associations represented by Reiland Law.

- complete discovery, including several depositions outside the Eastern District, and

- attempt informal resolution; (the parties have agreed to participate in a settlement conference with a Magistrate Judge assigned by the Court, and will contact the Court for available dates).

WHEREAS: No further changes are requested to the Pre-Trial Scheduling Order and this is the first such request for a change.

IT IS SO STIPULATED.

REED SMITH, LLP

By: ________________

Peter J. Kennedy

Attorneys for Plaintiff and

Counterdefendant PNC Equipment

Finance, LLC

REILAND/LAW

By: _________________

Harold P. Reiland, Jr.

Attorneys for Defendants California

Fairs Financing Authority, A California

Joint Powers Authority; 15th District

Agricultural Association, a State

institution of the State of California; 18th

District Agricultural Association, a State

institution of the State of California; 21s

District Agricultural Association, a State

institution of the State of California; 26th

District Agricultural Association, a State

institution of the State of California; 27th

District Agricultural Association, a State

institution of the State of California; 30th

District Agricultural Association, a State

institution of the State of California

CAULFIELD LAW FIRM

By: ___________________

Andrew T. Caulfield

Attorneys for Defendant/Counter

claimant/Cross-Claimant El Dorado

County Fair Association, Inc.

AUCHARD & STEWART

By: __________

Paul Auchard

Attorneys for Defendant Madera County

Livestock Association

IT IS SO ORDERED.

____________________

GARLAND E. BURRELL, JR.

Senior United States District Judge


Summaries of

PNC Equip. Fin., LLC v. California Fairs Fin. Auth.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Jul 19, 2012
Case No. 2:11-CV-02019-GEB-CKD (E.D. Cal. Jul. 19, 2012)
Case details for

PNC Equip. Fin., LLC v. California Fairs Fin. Auth.

Case Details

Full title:PNC EQUIPMENT FINANCE, LLC, a Delaware limited liability company, as…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Jul 19, 2012

Citations

Case No. 2:11-CV-02019-GEB-CKD (E.D. Cal. Jul. 19, 2012)