Exxonmobil Oil Corporation, a New York Corporation

Filing 16

ORDER GRANTING the continuance of the MOTION to DISMISS, document 13 , currently noticed for hearing on 12/7/2009, and CONTINUING it to 2/1/2010 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; opposition brief due 1/6/2010; reply brief due 1/25/2010; order signed by Judge Oliver W. Wanger on 10/30/2009. (Rooney, M)

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BINGHAM MCCUTCHEN LLP Colleen P. Doyle (SBN 122060) [e-mail] Karen A. Caffee (SBN 171817) [e-mail] Allyson T. Sakai (SBN 210535) [e-mail] 355 South Grand Avenue, Suite 4400 Los Angeles, CA 90071-3106 Telephone: [phone] Attorneys for Plaintiff EXXONMOBIL OIL CORPORATION TATRO TEKOSKY SADWICK LLP René P. Tatro (SBN 078383) Steven R. Tekosky (SBN 102918) 333 S. Grand Avenue, Suite 4270 Los Angeles, CA 90071 Telephone: [phone] Facsimile: 213.225.7151 Attorneys for Defendants NICOLETTI OIL, INC., DINO NICOLETTI, and JOHN NICOLETTI UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

EXXONMOBIL OIL CORPORATION, a New York Corporation v. Plaintiff,

No. 1:09-cv-01498-OWW-DLB JOINT STIPULATION ANDORDER TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS COMPLAINT PURSUANT TO RULES 12(B) AND 8(A) Hearing Date: Time: Courtroom: December 7, 2009 10:00 a.m. 3

NICOLETTI OIL, INC., a California Corporation; DINO J. NICOLETTI, an individual and d/b/a NICOLETTI OIL, INC. and/or NICOLETTI OIL COMPANY; and JOHN A. NICOLETTI, an individual and d/b/a NICOLETTI OIL, INC. and/or NICOLETTI OIL COMPANY; and DOES 1-100, inclusive, Defendants.

Honorable Oliver W. Wanger

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No. 1:09-cv-01498-OWW-DLB

JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS COMPLAINT PURSUANT TO RULES 12(B) AND 8(A)

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Pursuant to the Local Rules of the United States District Court for the Eastern District of California, Rules 78-230(g) and 83-143, Plaintiff ExxonMobil Oil Corporation ("Plaintiff") and Defendants Nicoletti Oil, Inc., Dino J. Nicoletti and John A. Nicoletti ("Defendants") stipulate to the following: WHEREAS, on August 24, 2009, this action was commenced in the United States District Court, Eastern District of California; WHEREAS, on October 7, 2009, Defendants filed a Motion to Dismiss ExxonMobil's Complaint Pursuant to Rules 12(b) and 8(a) ("Motion to Dismiss"); WHEREAS, the hearing on Defendants' Motion to Dismiss is calendared for December 7, 2009 at 10:00 a.m. in Courtroom 3; Plaintiff and Defendants have agreed to continue the hearing on Defendants' Motion to Dismiss and to modify the briefing schedule as follows: Plaintiff's Opposition brief shall be filed and served no later than January 6, 2010; Defendants' Reply brief shall be filed and served no later than January 25, 2010; The hearing on Defendants' Motion to Dismiss shall be continued to February 1, 2010 at 10:00 a.m. in Courtroom 3.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD: DATED: October 30, 2009 BINGHAM MCCUTCHEN LLP By: /s/ Allyson T. Sakai Colleen P. Doyle Karen A. Caffee Allyson T. Sakai Attorneys for Plaintiff ExxonMobil Oil Corporation

DATED: October 30, 2009

TATRO TEKOSKY SADWICK LLP By: /s/ Steven R. Tekosky René P. Tatro Steven R. Tekosky Attorneys for Defendants Nicoletti Oil, Inc., Dino J. Nicoletti, John A. Nicoletti 2 No. 1:09-cv-01498-OWW-DLB

JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS COMPLAINT PURSUANT TO RULES 12(B) AND 8(A)

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PURSUANT TO STIPULATION, IT IS ORDERED that Plaintiff's Opposition brief shall be filed and served no later than January 6, 2010; Defendants' Reply brief shall be filed and served no later than January 25, 2010; and the hearing on Defendants' Motion to Dismiss shall be continued to February 1, 2010 at 10:00 a.m. in Courtroom 3.

DATED: 10/30/2009

By: /s/ OLIVER W. WANGER The Honorable Oliver W. Wanger United States District Court Eastern District of California

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No. 1:09-cv-01498-OWW-DLB

JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS COMPLAINT PURSUANT TO RULES 12(B) AND 8(A)