Rosedale Plaza Group, LLC v. BP West Coast Products, LLC

Filing 87

STIPULATION and ORDER re: Settlement re: Removal from active trial calendar, signed by Judge Oliver W. Wanger on 11/16/2009. (Kusamura, W)

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JEFFREY M. HAMERLING (Bar No. 91532) ARCHER NORRIS, a Professional Corporation 2033 N. Main Street, Suite 800 Walnut Creek, CA 94596 Tel: [phone] Fax: [phone] [e-mail] ERIN FRAZOR (Bar No. 251324) DLA PIPER LLP (US) 555 Mission Street, Suite 2400 San Francisco, CA 94105 Tel: [phone] Fax: [phone] [e-mail] Attorneys for Defendant BP WEST COAST PRODUCTS LLC Thomas P. Bleau, Esq., SBN 152945 Martin R. Fox, Esq., SBN 155783 Gennady L. Lebedev, Esq., SBN 179945 BLEAU FOX, A P.L.C. 3575 Cahuenga Boulevard West, Suite 580 Los Angeles, CA 90068 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff ROSEDALE PLAZA GROUP, LLC UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ROSEDALE PLAZA GROUP, LLC, a California Limited Liability Company, Plaintiff, v. BP WEST COAST PRODUCTS LLC, a Delaware Limited Liability Company and DOES 1 through 100, Inclusive, Defendant. AND RELATED COUNTERACTIONS CASE NO. 1-08-CV-01874-OWW-GSA STIPULATION RE: SETTLEMENT AND ORDER RE: REMOVAL FROM ACTIVE TRIAL CALENDAR

ASSIGNED TO: HON. JUDGE OLIVER W. WANGER Current Trial Date: January 26, 2010

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STIPULATION AND [PROPOSED] ORDER RE: REMOVAL FROM ACTIVE TRIAL CALENDAR

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It is hereby stipulated by and between BP West Coast Products LLC ("BPWCP") and Rosedale Plaza Group, LLC ("Rosedale"), through their respective attorneys of record: RECITALS AND STIPULATIONS A. On November 2, 2009, the parties, through their respective attorneys of record,

appeared at the Pretrial Conference before the Honorable Judge Oliver W. Wanger, United States District Judge. The Court continued the trial on this matter to January 26, 2010. B. At the Pretrial Conference, the Court instructed each party to propose and file a

brief regarding a proposed jury instruction on the issue of the interrelationship of the PMPA and am/pm Agreements by November 16, 2009, and Oppositions to the other side's proposed instruction by November 23, 2009. C. On November 9, 2009, the parties and their respective attorneys of record

participated in a Settlement Conference before the Honorable Gary S. Austin, United States Magistrate Judge. As a result of that Conference and ongoing discussions, the parties have reached a settlement in principle, which the parties are documenting. D. In light of the settlement in principle, the parties request removal from the active

trial calendar and all deadlines. Respectfully submitted, Dated: November 16, 2009 ARCHER NORRIS, a Professional Corporation By /s/ Jeffrey M. Hamerling JEFFREY M. HAMERLING Attorneys for Defendant BP WEST COAST PRODUCTS LLC

Dated: November 16, 2009

BLEAU FOX, a Professional Corporation By /s/ Martin R. Fox MARTIN R. FOX Attorneys for Plaintiff ROSEDALE PLAZA GROUP, LLC

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STIPULATION AND [PROPOSED] ORDER RE: REMOVAL FROM ACTIVE TRIAL CALENDAR

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ORDER Based upon the stipulation of the parties, and for good cause shown, IT IS HEREBY ORDERED that the matter shall be removed from the active trial calendar. The parties shall file a request for dismissal no later than December 7th or show cause why the Court should not dismiss the matter. IT IS SO ORDERED.

Dated: November 16, 2009

/s/ OLIVER W. WANGER HON. OLIVER W. WANGER United States District Judge

-3STIPULATION AND [PROPOSED] ORDER RE: REMOVAL FROM ACTIVE TRIAL CALENDAR

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