Opinion
Michael L. Charlson, VINSON & ELKINS LLP, San Francisco, California, Attorneys for Defendant ENERGY CORPORATION OF AMERICA.
KAUFHOLD GASKIN LLP, Steven S. Kaufhold, Jonathan B. Gaskin, San Francisco, California, Attorneys for Plaintiff, RUSSIAN HILL CAPITAL, LP.
STIPULATION AND ORDER SETTING BRIEFING SCHEDULE ON DEFENDANT'S MOTION TO DISMISS
HAYWOOD S. GILLIAM, Jr., District Judge.
RECITALS
WHEREAS, Plaintiff Russian Hill Capital, L.P. ("Russian Hill") commenced this action by filing its Complaint For: (1) Fraud [and] (2) Misrepresentation of Facts Cal Corp Code § 25501(the "Complaint") on May 5, 2014 in the Superior Court of the State of California, County of San Francisco;
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;
WHEREAS, on June 16, 2015, ECA filed a Motion to Dismiss the Complaint (the "Motion");
WHEREAS, at the time ECA filed the Motion, the first date available on the Court's calendar for a hearing was August 13, 2015; and, after consultation with counsel to Russian Hill, the Motion was noticed for hearing on the Court's regular law and motion calendar for August 13, 2015; and
WHEREAS, the parties wish to modify the briefing schedule normally provided for in Civil L. R. 7-3, on terms that will both accommodate certain commitments of counsel on other matters and still afford the Court 21 days of preparation time before the hearing date;
THEREFORE, subject to the Court's approval, the parties agree as follows:
STIPULATION
1. Russian Hill shall file any papers in opposition to the Motion on or before July 13, 2015.
2. ECA shall file any reply papers on or before July 23, 2015.
ORDER
Pursuant to stipulation of the parties and good causing appearing, briefing on Defendant Energy Corporation of America's Motion to Dismiss, filed June 16, 2015, shall be as follows:
1. Any opposition papers shall be filed on or before July 13, 2015.
2. Any reply papers shall be filed on or before July 23, 2015.
Subject to any further order of the Court, the hearing on the motion to dismiss will be held as part of the Court's regular law and motion calendar on August 13, 2015.
SO ORDERED.