PNC Equipment Finance, LLC, et al v. California Fairs Financing Authority, et al

Filing 47

ORDER signed by Judge Garland E. Burrell, Jr on 11/3/11 ORDERING that the 18th District Agricultural Association may have up through 11/18/2011, inclusive, to answer or otherwise respond to the Complaint. (Mena-Sanchez, L)

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1 2 3 4 5 6 7 KAMALA D. HARRIS Attorney General of California RICHARD J. MAGASIN Supervising Deputy Attorney General ALLAN S. ONO (STATE BAR NO. 130763) Deputy Attorney General 300 South Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 897-2604 Fax: (213) 897-2802 E-mail: allan.ono@doj.ca.gov Specially Appearing for Defendant 18th District Agricultural Association. 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PNC EQUIPMENT FINANCE, LLC, a Delaware limited liability company, as successor to NATIONAL CITY COMMERCIAL CAPITAL CORPORATION, Plaintiff, Case No. 2:11-CV-02019-GEB-DAD STIPULATION AND ORDER EXTENDING TIME FOR 18TH DISTRICT AGRICULTURAL ASSOCIATION TO RESPOND TO COMPLAINT 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; and 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; LODI GRAPE FESTIVAL AND NATIONAL WINE SHOW, INC., a California corporation; and MADERA COUNTY LIVESTOCK ASSOCIATION, a California corporation, [Local Rules 143 and 144] Complaint Served: August 9, 2011 Current Proposed Response Date: November 4, 2011 New Proposed Response Date: November 18, 2011 Hon. Garland E. Burrell, Jr. Defendants. 1 STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT (2:11-cv-02019-GEB-DAD) 1 WHEREAS, Plaintiff PNC Equipment Finance, LLC (“PNCEF”) served Defendants 15th 2 District Agricultural Association, 18th District Agricultural Association, 21st District Agricultural 3 Association, 26th District Agricultural Association, 27th District Agricultural Association, and 4 30th District Agricultural Association (collectively "DAA Defendants") with the complaint in the 5 captioned matter ("Complaint") on or after August 9, 2011; 6 7 8 9 10 11 12 WHEREAS, PNCEF and the DAA Defendants stipulated to an initial extension of time providing the DAA Defendants until September 21, 2011 respond to the Complaint; WHEREAS, the Office of the Attorney General for the State of California (Office) determined that a potential conflict of interest arises from the representation of the DAA Defendants in this action; WHEREAS, the Office obtained an extension of time providing the DAA Defendants until October 21, 2011 to retain outside counsel and respond to the Complaint; 13 WHEREAS, the 15th District Agricultural Association, 21st District Agricultural 14 Association, 26th District Agricultural Association, 27th District Agricultural Association, and 15 30th District Agricultural Association have submitted substitutions of counsel naming Harold 16 Peter Reiland, Jr. of Reiland/law, 6160 Stoneridge Mall Road, Sutie 120, Pleasanton, CA 94588, 17 (925) 400-3300, hal@reilandlaw.com, as their new attorney; 18 WHEREAS, the Chief Executive Officer of the 18th District Agricultural Association is 19 directly negotiating with principals for PNCEF regarding a resolution of the claims set forth in the 20 Complaint; 21 WHEREAS, PNCEF and the 18th District Agricultural Association wish to avoid 22 unnecessary effort and expense in pursuit of litigation while they work to resolve the dispute 23 between them; 24 25 26 27 WHEREAS, PNCEF and the 18th District Agricultural Association wish to continue their discussions regarding an informal resolution of the claims set forth in the Complaint; WHEREAS, PNCEF and the 18th District Agricultural Association stipulated to an extension of the October 21, 2011 response date to November 4, 2011; and 28 2 STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT (2:11-cv-02019-GEB-DAD) 1 2 WHEREAS, the 18th District Agricultural Association needs additional time to retain new counsel if its discussions with PNCEF do not result in dismissal of the Complaint. 3 IT IS HEREBY STIPULATED, by and between Plaintiff PNCEF and Defendant 18th 4 District Agricultural Association that the 18th District Agricultural Association may have up 5 through November 18, 2011, inclusive, to answer or otherwise respond to the Complaint. 6 7 Dated: November 3, 2011 KAMALA D. HARRIS Attorney General of California 8 9 By: ____________//S//________________ ALLAN S. ONO Deputy Attorney General Specially Appearing for Defendant 18th District Agricultural Association 10 11 12 LEVY, SMALL & LALLAS 13 14 15 16 By________________//S//______________ LEO D. PLOTKIN Attorneys for Plaintiff PNC Equipment Finance, LLC Dated: November 3, 2011 17 18 IT IS SO ORDERED. 19 Date: 11/3/2011 20 _________________________ GARLAND E. BURRELL, JR. United States District Judge 21 22 DEAC_Signature-END: 23 61khh4bb 24 25 26 27 28 3 STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT (2:11-cv-02019-GEB-DAD)

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