PNC Equip. Fin. LLCv.California Fairs Fin. Auth.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISIONAug 30, 2011
No. CV-11-3768 JSC (N.D. Cal. Aug. 30, 2011)

No. CV-11-3768 JSC

08-30-2011

PNC EQUIPMENT FINANCE, LLC, a Delaware limited liability company, as successor to NATIONAL CITY COMMERCIAL CAPITAL CORPORATION, Plaintiff, v. CALIFORNIA FAIRS FINANCING AUTHORITY, et al., Defendants.

Bruce D. Goldstein, County Counsel By: Anne L. Keck, Deputy County Counsel Attorneys for Defendant the Sonoma County Fair and Exposition, Inc. Levy, Small & Lallas By: Leo D. Plotkin Attorneys for Plaintiff


BRUCE D. GOLDSTEIN, State Bar No. 135970


County Counsel


ANNE L. KECK, State Bar No. 136315


Deputy County Counsel


County of Sonoma


Attorneys for the Sonoma County


Fair and Exposition, Inc.


STIPULATION TO EXTEND SONOMA


COUNTY FAIR AND EXPOSITION,


INC.'S TIME TO RESPOND TO THE


COMPLAINT; [PROPOSED] ORDER


This joint stipulation and request for entry of order is entered into by and between Plaintiff PNC Equipment Finance, LLC, a Delaware limited liability company, as successor to National City Commercial Capital Corporation ("Plaintiff"), and Defendant the Sonoma County Fair and Exposition, Inc., a non-profit corporation organized and existing under the laws of the State of California ("Sonoma County Fair"). This stipulation and concomitant request for order is made to provide the Sonoma County Fair with additional time in which to respond to the Complaint through September 21, 2011, which will not affect any other dates scheduled by this Court. The terms and provisions of this stipulation and request for order are set forth below.

RECITALS

A. Plaintiff filed its Complaint for (1) Specific Performance; (2) Declaratory Relief; and (3) Injunctive Relief herein on August 1, 2011 (the "Complaint"). Service was effectuated on the Sonoma County Fair on August 8, 2011.

B. To provide the Sonoma County Fair and its counsel with sufficient time to review and consider the allegations set forth in the Complaint, counsel for Plaintiff has consented to extend the time for the Sonoma County Fair to respond to the Complaint through September 21, 2011.

C. Extending the Sonoma County Fair's time to respond to the Complaint will not affect any other scheduling set by this Court pursuant to its Order Setting Initial Case Management Conference and ADR Deadlines entered on August 1, 2011; the schedule requires certain tasks be completed by October 27, 2011, and sets the Case Management Conference to be held on November 17, 2011.

D. Submission of this stipulation to the Magistrate Judge does not constitute consent on the part of either party to the Magistrate Judge hearing and deciding all matters with respect to this action.

WHEREFORE, the parties to this stipulation hereby agree and request entry of a court order as follows:

STIPULATION

1. The time in which Defendant the Sonoma County Fair and Exposition, Inc. may file and serve its response to the Complaint is requested to be extended through September 21, 2011.

2. Submission of this stipulation to the Magistrate Judge does not constitute consent on the part of either party to the Magistrate Judge hearing and deciding all matters with respect to this action.

3 This stipulation does not prevent or preclude the parties from seeking additional relief from this Court, to amend this stipulation and order or otherwise.

Respectfully submitted,

Bruce D. Goldstein, County Counsel

By: Anne L. Keck, Deputy County Counsel


Attorneys for Defendant the Sonoma County


Fair and Exposition, Inc.


Levy, Small & Lallas

By: Leo D. Plotkin


Attorneys for Plaintiff


[PROPOSED] ORDER

Pursuant to the foregoing stipulation, and with good cause appearing,

IT IS HEREBY ORDERED that Defendant the Sonoma County Fair and Exposition, Inc. may file and serve its response to the Complaint through and including September 21, 2011.

HONORABLE JACQUELINE S. CORLEY


United States Magistrate Judge


ELECTRONIC CASE FILING ATTESTATION

I, Anne L. Keck, am the ECF User whose identification and password are being used to file this STIPULATION TO EXTEND SONOMA COUNTY FAIR AND EXPOSITION, INC.'S TIME TO RESPOND TO THE COMPLAINT; [PROPOSED] ORDER on behalf of Plaintiff and Defendant the Sonoma County Fair and Exposition, Inc. pursuant to Civil Local Rule 7-11. In compliance with General Order No. 45(X)(B), I hereby attest that the concurrence in the filing of this document has been obtained from its signatories.

Sonoma County Counsel

By: Anne L. Keck


Deputy County Counsel