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