Thomas Petroleum, LLC v. Lloyd et al

Filing 20

ORDER re Plaintiff's Unopposed Motion to Vacate Settlement Conference (Doc. 19 ), Signed by Magistrate Judge Jennifer L. Thurston on 2/15/2012. Good cause appearing, this Court VACATES the settlement conference currently set on February 27, 2012. (Arellano, S.)

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DONNA M. RUTTER (SBN 145704)
[e-mail]
MANI SHEIK (SBN 245487)
[e-mail]
CURIALE HIRSCHFELD KRAEMER LLP
727 Sansome Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
THOMAS PETROLEUM, LLC d/b/a EASTERN
SIERRA OIL

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SAN FRA NCI S CO

ATTO RNEY S AT LAW

C URIALE H IRSCHFELD K RAEMER LLP

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THOMAS PETROLEUM, LLC d/b/a
EASTERN SIERRA OIL,
Plaintiff,

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PLAINTIFF’S UNOPPOSED MOTION TO
VACATE SETTLEMENT CONFERENCE;
ORDER

vs.

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Case No. 1:11-CV-00902-LJO-JLT

KENNETH LLOYD, an individual, E.S.
OIL, LLC, a California limited liability
company, and DOES 1-30, inclusive,

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Defendant.

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KENNETH LLOYD,
Cross-Complainant,

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vs.

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THOMAS PETROLEUM, LLC,

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Cross-Defendant.

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Plaintiff and Cross-Defendant Thomas Petroleum, LLC hereby moves this Court for an
order to vacate the settlement conference currently set for February 27, 2012, at 10:00 a.m.
Plaintiff’s counsel informed counsel for Defendant and Cross-Complainant Kenneth

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Lloyd and Defendant E.S. Oil, LLC (“Defendants”) of Plaintiff’s intent to move to vacate the

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settlement conference, and Defendants’ counsel stated that he did not oppose the motion.
PLAINTIFF’S UNOPPOSED MOTION TO VACATE SETTLEMENT
CONFERENCE; CASE NO. 1:11-CV-00902-LJO-JLT

4822-8360-2702

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(Declaration of Mani Sheik in Support of Motion to Vacate Settlement Conference, ¶ 4.)
Good cause exists for granting Plaintiff’s Unopposed Motion to Vacate Settlement
Conference.
The parties were engaged in private settlement discussions from August 2011 to January

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2012. (Id. at ¶ 2.) The parties had stipulated to place the case on hold during their settlement

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talks, including placing a stay on all discovery. (Id.) On January 26, 2012, the parties ended their

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settlement talks without reaching an agreement. (Id. at ¶ 3.) With the case returning to litigation,

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the parties jointly agreed to lift the stay that had been in effect during their settlement talks. (Id.)

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At this time, Plaintiff believes that the case is not in a posture conducive to settlement and

respectfully requests that the Court vacate the settlement conference currently scheduled for

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SAN FRA NCI S CO

that a settlement conference would not have a likelihood of success. Accordingly, Plaintiff

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ATTO RNEY S AT LAW

C URIALE H IRSCHFELD K RAEMER LLP

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February 27, 2012, at 10 a.m. Plaintiff will continue to evaluate the case and, if Plaintiff

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determines that the case has reached a settlement posture and that a settlement conference is

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likely to succeed, will request that the Court schedule a new conference at that time.

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Dated: February 14, 2012

CURIALE HIRSCHFELD KRAEMER LLP

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By: Mani Sheik, Esquire
Donna M. Rutter
Mani Sheik
Attorneys for Plaintiff
THOMAS PETROLEUM, LLC d/b/a EASTERN
SIERRA OIL

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PLAINTIFF’S UNOPPOSED MOTION TO VACATE SETTLEMENT
CONFERENCE; CASE NO. 1:11-CV-00902-LJO-JLT

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ORDER

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Good cause appearing, this Court VACATES the settlement conference currently set on

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February 27, 2012. If, in the future, counsel agree that the matter is in a settlement posture, they

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may file a joint request that the Court set a settlement conference.

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IT IS SO ORDERED.
Dated:

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February 15, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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DEAC_Sig nature-END:

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SAN FRA NCI S CO

ATTO RNEY S AT LAW

C URIALE H IRSCHFELD K RAEMER LLP

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PLAINTIFF’S UNOPPOSED MOTION TO VACATE SETTLEMENT
CONFERENCE; CASE NO. 1:11-CV-00902-LJO-JLT

4822-8360-2702