Exxonmobil Oil Corporation, a New York Corporation

Filing 208

STIPULATION and ORDER to CONTINUE the Status Conference currently set for 4/10/2017 to 5/22/2017 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii, signed by District Judge Anthony W. Ishii on 4/5/2017. (Kusamura, W)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EXXONMOBIL OIL CORPORATION, 12 13 14 No. 1:09-cv-01498-AWI-SAB Plaintiff, STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE v. Judge: Hon. Anthony W. Ishii Third Am. Compl. Filed: Oct. 8, 2010 NICOLETTI OIL, INC. et al., 15 Defendants. 16 17 18 19 1. On February 13, 2017, Plaintiff ExxonMobil Oil Corporation (“ExxonMobil”) 20 and Defendants Nicoletti Oil, Inc., Floretta A. Nicoletti, personal representative of Dino J. 21 Nicoletti, deceased, and John A. Nicoletti (collectively, the “Nicolettis”) submitted a Notice of 22 Settlement of this matter and a Stipulation requesting that the Court approve the parties’ 23 Purchase and Sale and Settlement Agreement and Mutual Release (the “Agreement”). 24 2. Pursuant to the Agreement, the Nicolettis’ insurers were to make a settlement 25 payment of $4.25 million to ExxonMobil by March 21, 2017 and ExxonMobil was to purchase 26 certain properties from the Nicolettis for $2.5 million with a closing date on or before 27 March 31, 2017, among other things. 28 1 STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE 1 2 3 4 5 3. On February 13, 2017, the Court entered an Order approving the Agreement and setting a telephonic status conference for April 10, 2017 at 3:30 p.m. 4. The Nicolettis’ insurers did not make the settlement payment by March 21, 2017; however, they are expected to do so by April 23, 2017. 5. On March 29, 2017, the parties entered into Amendment No. 1 to the Agreement 6 which, among other things, extended the payment schedules in the Agreement and extended the 7 closing date to May 5, 2017. 8 9 6. The parties respectfully request that the Court continue the telephonic status conference to two weeks after the May 5, 2017 closing date. Respectfully Submitted, 10 11 DATED: April 4, 2017 LEWIS BRISBOIS BISGAARD & SMITH LLP 12 13 By: /s/ Berj K. Parseghian Berj K. Parseghian Attorneys for Plaintiff ExxonMobil Oil Corporation 14 15 TATRO TEKOSKY SADWICK LLP 16 17 18 19 20 By: /s/ Steven R. Tekosky (as authorized on April 4, 2017) Steven R. Tekosky Attorney for Defendants Nicoletti Oil, Inc., Floretta A. Nicoletti, personal representative of Dino J. Nicoletti, deceased, and John A Nicoletti 21 22 23 24 25 26 27 28 2 STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE ORDER 1 2 Having reviewed the stipulation of the parties and good cause appearing therefor, IT IS 3 HEREBY ORDERED THAT the telephonic status conference in this matter set for 4 April 10, 2017 is continued to May 22, 2017 at 1:30 p.m. in Courtroom 2 before Hon. Anthony 5 W. Ishii. 6 IT IS SO ORDERED. 7 Dated: April 5, 2017 8 SENIOR DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE

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