Opinion
Case No. CV 11-03768 JSC
11-01-2011
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; 49TH DISTRICT AGRICULTURAI ASSOCIATION, a state institution of the State of California; COUNTY OF MARIN, a political subdivision of the State of California; SONOMA COUNTY FAIR AND EXPOSITION, INC., a California corporation; and NAPA COUNTY FAIR ASSOCIATION, California corporation, Defendants.
LEO D. PLOTKIN LEVY, SMALL & LALLAS A Partnership Including Professional Corporations By: LEO D. PLOTKIN Attorneys for Plaintiff PNC Equipment Finance, LLC HAL REILAND REIL AND/LAW By: HAL REILAND Attorneys for Defendants California Fairs Financing Authority, and 49thth District Agricultural Association EDWARD JAMES KIERNAN By: EDWARD JAMES KIERNAN Attorneys for Defendant County of Marin HOLLY ELIZABETH RICKETT By: HOLLY ELIZABETH RICKETT Attorneys for Defendant Sonoma County Fair and Exposition, Inc. DONALD DOUGLAS SHUREEN By: DONALD DOUGLAS SHUREEN Attorneys for Defendant Napa County Fair Association
LEO D. PLOTKIN (SBN 101893)
LEVY, SMALL & LALLAS
A Partnership Including Professional Corporations
Attorneys for Plaintiff
PNC Equipment Finance, LLC
STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE
AND HEARING DATE ON MOTIONS; [PROPOSED] ORDER THEREON
This Stipulation is made by and between plaintiff PNC Equipment Finance, LLC ("PNCEF") by and through its attorney of record Leo D. Plotkin of Levy, Small & Lallas, A Partnership of Professional Corporation, and defendants California Fairs Financing Authority ("CFFA") and the 49th District Agricultural Association ("DAA"), by and through their attorney of record, Hal Reiland of Reiland/Law, County of Marin ("Marin County"), by and through its attorney of record Edward James Kiernan, Sonoma County Fair and Exposition, Inc. ("Sonoma County"), by and through its attorney of record Holly Elizabeth Rickett, and Napa County Fair Association ("Napa County"), by and through its attorney of record Donald Douglas Shureen of McMillan & Shureen LLP, with respect to the following facts:
1. The Initial Case Management Conference in the above-captioned matter currently is set for November 17, 2011, at 1:30 p.m.
2. Also set for hearing on November 17, 2011 at 1:30 p.m. are two motions filed by PNCEF to strike certain affirmative defenses asserted by, respectively, defendants Marin County and Sonoma County.
3. Defendants CFAA and DAA have filed a motion to dismiss the Complaint of PNCEF, currently set for hearing on December 8, 2011 at 9:00 a.m.
4. PNCEF anticipates filing a motion for a preliminary injunction against CFFA, and anticipates that it will set that motion for hearing on December 8, 2011 at 9:00 a.m.
5. The parties all agree that resolution of CFFA's motion to dismiss and PNCEF's preliminary injunction motion should, in the interest of judicial economy, be decided at the same time, or prior to, the Initial Case Management Conference.
NOW, THEREFORE, it is stipulated as follows:
1. The hearing on PNCEF's motions to strike affirmative defenses and on CFFA's motion to dismiss shall be continued to December 8, 2011 at 1:30 p.m.
2. The Initial Case Management Conference shall be continued to December 8, 2011 at 1:30 p.m.
3. PNCEF's motion for preliminary injunction, which shall be timely filed, may be set for hearing on December 8, 2011, at 1:30 p.m.
LEO D. PLOTKIN
LEVY, SMALL & LALLAS
A Partnership Including Professional
Corporations
By: LEO D. PLOTKIN
Attorneys for Plaintiff
PNC Equipment Finance, LLC
HAL REILAND
REIL AND/LAW
By: HAL REILAND
Attorneys for Defendants
California Fairs Financing Authority, and
49thth District Agricultural Association
EDWARD JAMES KIERNAN
By: EDWARD JAMES KIERNAN
Attorneys for Defendant
County of Marin
HOLLY ELIZABETH RICKETT
By: HOLLY ELIZABETH RICKETT
Attorneys for Defendant
Sonoma County Fair and Exposition, Inc.
DONALD DOUGLAS SHUREEN
By: DONALD DOUGLAS SHUREEN
Attorneys for Defendant
Napa County Fair Association
[PROPO0ED] ORDER
GOOD CAUSE APPEARING, AND THE PARTIES HAVING SO STIPULATED, IT IS HEREBY ORDERED:
1. The hearing on PNCEF's motions to strike affirmative defenses is hereby continued to December 8, 2011 at 1:30 p.m.
2. The hearing on CFFA's and DAA's motion to dismiss is hereby continued to December 8, 2011 at 1:30 p.m.
3. The Initial Case Management Conference is hereby continued to December 8, 2011 at 1:30 p.m.
4. PNCEF's motion for preliminary injunction, which shall be timely filed, may be set for hearing on December 8, 2011, at 1:30 p.m.
The Honorable Jacqueline S. Corley
United States Magistrate Judge
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