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

Filing 94

STIPULATION and ORDER Re: Continuance of Dismissal of Action signed by Judge Oliver W. Wanger on 2/19/2010. Request for dismissal due no later than April 15, 2010. (Esteves, C)

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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
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CASE NO. 1-08-CV-01874-OWW-GSA STIPULATION AND ORDER RE: CONTINUANCE OF DISMISSAL OF ACTION Assigned to: Hon. Judge Oliver W. Wanger Trial Date: Settled ­ Off Calendar

STIPULATION AND [PROPOSED] ORDER RE: CONTINUANCE OF DISMISSAL OF ACTION

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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. resolved. B. On November 16, 2009, the Court entered an order that the parties shall file a Through the efforts of the Court and the parties, the above-entitled matter has

request for dismissal no later than December 8, 2009 or show cause why the Court should not dismiss the matter (Document No. 97). Later, the Court subsequently granted both additional requests for a continuance of the OSC Re: Dismissal (Documents No. 90 and 92) to a new OSC Re: Dismissal date of February 19, 2010. C. the resolution. D. The parties are now in the process of executing documents, but certain loan Upon resolution of the matter, both parties have continuously worked to effectuate

documents are taking longer to complete than originally anticipated. The parties are also seeking client approval to include an arbitration proceeding in the event of any disputes. 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. /// /// ///

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-2STIPULATION AND ORDER RE: CONTINUANCE OF DISMISSAL OF ACTION

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F.

Out of an abundance of caution, all Counsel agree, stipulate and respectfully

request that, with the Court's permission, the Court continue the February 19, 2010 OSE Re: Dismissal to April 15, 2010 so that the parties can conclude their resolution.

Respectfully submitted, Dated: February 18, 2009 ARCHER NORRIS, a Professional Corporation By /s/ Jeffrey M. Hamerling JEFFREY M. HAMERLING Attorneys for Defendant BP WEST COAST PRODUCTS LLC

Dated: February 18, 2009

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

ORDER Based upon the stipulation of the parties, and for good cause shown, IT IS HEREBY ORDERED that: 1. The parties shall file a request for dismissal no later than April 15, 2010 or show

cause why the Court should not dismiss the matter.

IT IS SO ORDERED.

Dated: February 19, 2010

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

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-3STIPULATION AND ORDER RE: CONTINUANCE OF DISMISSAL OF ACTION

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