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

Filing 90

Stipulation and ORDER re Continuance of OSC re Dismissal of Action, signed by Judge Oliver W. Wanger on 12/10/09. The parties shall file a request for dismissal no later than January 21, 2010 or show cause why the Court should not dismiss the matter.(Verduzco, M)

Martin R. Fox, Esq., SBN 155783 [e-mail] 2 BLEAU FOX, A P. L.C. 3575 Cahuenga Boulevard West, Suite 580 3 Los Angeles, CA 90068 Telephone: [phone] Facsimile: [phone]
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Attorneys for Plaintiff, ROSEDALE PLAZA GROUP, LLC, 6 a California limited liability company
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Jeffrey M. Hamerling, Esq., SBN 91532 [e-mail] 8 ARCHER NORRIS 2033 North Main Street, Suite 800 9 Walnut Creek, California 94596 Telephone: [phone] Facsimile: [phone]
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Attorneys for Defendant, BP WEST COAST PRODUCTS LLC, 12 a Delaware limited liability company
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ROSEDALE PLAZA GROUP, LLC, a ) California limited liability company ) ) Plaintiff, ) ) ) vs. ) ) ) BP WEST COAST PRODUCTS LLC, ) a Delaware limited liability company, ) DOES 1 through 100, Inclusive, ) ) ) Defendant. ) ) ) CASE NUMBER: 1-08-CV-01874OWW-GSA Assigned to: Judge Oliver W. Wanger STIPULATION AND ORDER RE: CONTINUANCE OF OSC RE: DISMISSAL OF ACTION Trial Date: Settled/Off-Calendar Place: Courtroom 3 Time: 9:00 a.m.

It is hereby stipulated by and between ROSEDALE PLAZA GROUP, LLC, a California Limited Liability Company (hereinafter referred to as "ROSEDALE"), on the one hand, and BP WEST COAST PRODUCTS, LLC, a Delaware Limited Liability Company (hereinafter referred to as "BPWCP"), on the other hand, through
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their respective attorneys of record: RECITALS and STIPULATIONS A. Through the efforts of the Court and the parties, the above-entitled

matter has resolved; B. On November 16, 2009, the Court entered an order that the parties shall

file a request for dismissal no later than December 7, 2009 or show cause why the Court should not dismiss the matter (Document No. 87). C. Upon resolution of the matter, both parties have continuously worked to

effectuate the resolution. D. However, the resolution entails several financial transactions and

obligations, all of which must be set forth in detailed writing. Additionally, the transactions and obligations will take several months to conclude (at a minimum). E. In order to fully and completely ensure that this Court will not have to

interact with these parties on this matter again, the writings are complex and involve multiple obligations and conditions precedent. F. While the parties have already begun exchanging drafts and have been

diligent to get the matter concluded, the drafts are not finalized and require more work. Additionally, the holidays are quickly approaching and obtaining final approval from the parties themselves will prove more difficult as the holidays approach. All Counsel agree, stipulate and respectfully request that, with the Court's permission, the Court continue the December 7, 2009 OSC Re: Dismissal for a minimum of forty-five (45) days to January 21, 2010 so that the parties can conclude their resolution. /// /// /// ///

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 IT IS SO ORDERED. 23 24 25 26 27 28 Dated: December 10, 2009 emm0d6

Respectfully submitted, DATED: December 4, 2009 BLEAU FOX, A P.L.C.

B Y:

/s/ Martin Fox Martin R. Fox, Esq. Attorney for Plaintiff, ROSEDALE PLAZA GROUP, LLC, a California limited liability company

DATED: December 4, 2009

ARCHER NORRIS

BY:

/s/ Jeffrey M. Hamerling Jeffrey M. Hamerling, Esq. Attorneys for Defendant, BP WEST COAST PRODUCTS, LLC, a Delaware limited liability company

ORDER Based upon the stipulation of the parties, and for good cause shown, IT IS HEREBY ORDERED that: a. The parties shall file a request for dismissal no later than January 21, 2010 or show cause why the Court should not dismiss the matter.

/s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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