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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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EXXONMOBIL OIL CORPORATION,
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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.,
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Defendants.
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1.
On February 13, 2017, Plaintiff ExxonMobil Oil Corporation (“ExxonMobil”)
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and Defendants Nicoletti Oil, Inc., Floretta A. Nicoletti, personal representative of Dino J.
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Nicoletti, deceased, and John A. Nicoletti (collectively, the “Nicolettis”) submitted a Notice of
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Settlement of this matter and a Stipulation requesting that the Court approve the parties’
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Purchase and Sale and Settlement Agreement and Mutual Release (the “Agreement”).
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2.
Pursuant to the Agreement, the Nicolettis’ insurers were to make a settlement
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payment of $4.25 million to ExxonMobil by March 21, 2017 and ExxonMobil was to purchase
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certain properties from the Nicolettis for $2.5 million with a closing date on or before
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March 31, 2017, among other things.
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STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE
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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.
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The Nicolettis’ insurers did not make the settlement payment by March 21, 2017;
however, they are expected to do so by April 23, 2017.
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On March 29, 2017, the parties entered into Amendment No. 1 to the Agreement
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which, among other things, extended the payment schedules in the Agreement and extended the
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closing date to May 5, 2017.
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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,
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DATED: April 4, 2017
LEWIS BRISBOIS BISGAARD & SMITH LLP
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By:
/s/ Berj K. Parseghian
Berj K. Parseghian
Attorneys for Plaintiff
ExxonMobil Oil Corporation
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TATRO TEKOSKY SADWICK LLP
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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
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STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE
ORDER
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Having reviewed the stipulation of the parties and good cause appearing therefor, IT IS
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HEREBY ORDERED THAT the telephonic status conference in this matter set for
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April 10, 2017 is continued to May 22, 2017 at 1:30 p.m. in Courtroom 2 before Hon. Anthony
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W. Ishii.
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IT IS SO ORDERED.
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Dated: April 5, 2017
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SENIOR DISTRICT JUDGE
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STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE
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