Buena Vista Biomass Development, LLC v Oneta Group, Inc.

Filing 50

STIPULATION and ORDER 49 for further extension of stay signed by Judge John A. Mendez on 9/15/2009. All litigation activities in case are STAYED until 10/19/2009. All deadlines in Court's previously Scheduling Order shall be SUSPENDED until further notice from Court. (Marciel, M)

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MURPHY AUSTIN ADAMS SCHOENFELD LLP

JOHN E. FISCHER, SBN 065792 MURPHY AUSTIN ADAMS SCHOENFELD LLP 304 "S" Street (95811-6906) Post Office Box 1319 Sacramento, California 95812-1319 Telephone: [phone] Facsimile: [phone] Email: [e-mail] BLAKE SHEPARD, SBN 161356 LEONARD, STREET AND DEINARD Professional Association 150 South Fifth Street, Suite 2300 Minneapolis, MN 55204-4238 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiff BUENA VISTA BIOMASS DEVELOPMENT, LLC UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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BUENA VISTA BIOMASS DEVELOPMENT, LLC, a South Dakota limited liability company, Plaintiff,

Case No. 2:08-cv-01011-JAM-DAD STIPULATION FOR FURTHER EXTENSION OF STAY OF LITIGATION ACTIVITIES AND PRETRIAL DEADLINES AND ORDER THEREON

ONETO GROUP, INC., a California corporation, Defendant.

Buena Vista Biomass Development, LLC and Oneto Group, Inc., through their respective counsel, jointly stipulate and request that the Court enter an Order further extending the stay of all litigation activities and pre-trial deadlines from the current date to October 19, 2009 to allow the parties additional time to finalize and close on their Purchase and Sale Agreement for sale of the Biomass Project assets at issue in this case. -13286.001-811294.1

STIPULATION FOR FURTHER EXTENSION OF STAY, CASE NO. 2:08-CV-01011-JAM-DAD

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MURPHY AUSTIN ADAMS SCHOENFELD LLP

On February 4, 2009, Buena Vista and Oneto executed an Exclusivity Agreement under which the parties agreed to negotiate in good faith a binding Purchase and Sale Agreement ("PSA") for Buena Vista's acquisition of the Biomass Project assets. Since entering into the Exclusivity Agreement, the parties finalized the terms of the Purchase and Sale Agreement and it was executed on April 9, 2009. The Purchase and Sale Agreement contemplated a closing by June 30, 2009 and in any event no later than July 8, 2009 and further provided that the parties would stipulate to stay all litigation activities and extend all litigation activities to June 30, 2009. The Purchase and Sale Agreement also provided that the parties could agree to extend the closing date and also to extend the litigation stay. The parties have been working diligently toward closing but agree that additional time is needed for closing to occur. The parties agreed to an initial extension of the closing date to August 4, 2009 and submitted a Stipulation and Order to that effect which was entered on June 30, 2009. As a result of ongoing negotiations, the parties requested, and the Court granted, three additional extensions, one to August 11, 2009, one to August 31, 2009, and one to September 14, 2009. Negotiations are still ongoing and, as a result, the parties have agreed to further extend the closing date to September 21, 2009. In order for the parties to continue to focus their efforts on the closing without the distraction and cost of engaging simultaneously in discovery, motion practice and pre-trial preparation, the parties have stipulated to extend the stay on litigation activities and approaching pre-trial deadlines to October 19, 2009. The parties have selected this date, which is three weeks after the projected closing date, in an effort to allow them, if necessary, to extend the closing date again without the need to request an additional extension from the Court. For these reasons, the parties request that the Court's previous Scheduling Orders in this case be amended as follows: 1. 2. All litigation activities in this case to be stayed until October 19, 2009. All deadlines in the Court's previous Scheduling Orders, including deadlines for

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completing discovery, filing expert witness disclosures and filing dispositive motions and motions in limine, shall be suspended until further notice from the Court. The parties shall notify the Court on or before October 19, 2009 of the status of their 3286.001-811294.1 -2STIPULATION FOR FURTHER EXTENSION OF STAY, CASE NO. 2:08-CV-01011-JAM-DAD

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MURPHY AUSTIN ADAMS SCHOENFELD LLP

negotiations and closing on the Purchase and Sale Agreement. On or before October 19, 2009, the parties shall submit a written report to the Court regarding the status of the transaction and at that time shall either: a) submit a stipulation for dismissal of the litigation; or b) request a status conference to discuss any remaining issues for resolution in this case and an appropriate schedule for resolving any remaining issues. Dated: September 14, 2009 MURPHY AUSTIN ADAMS SCHOENFELD LLP

By:

/s/ JOHN E. FISCHER JOHN E. FISCHER Attorneys for Plaintiff BUENA VISTA BIOMASS DEVELOPMENT, LLC

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Dated: September 14, 2009

CRAIGIE, MCCARTHY & CLOW

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By:

/s/ PETER W. CRAIGIE PETER W. CRAIGIE Attorneys for Defendant ONETO GROUP, INC.

ORDER BASED ON THE STIPULATION AND REQUEST OF THE PARTIES, IT IS ORDERED: 1. 2. All litigation activities in this case are stayed until October 19, 2009. All deadlines in the Court's previous Scheduling Orders, including deadlines for

completing discovery, filing expert witness disclosures and filing dispositive motions and motions in limine, shall be suspended until further notice from the Court. 3. The parties shall notify the Court on or before October 19, 2009 of the status of

their negotiations and closing on the Purchase and Sale Agreement. On or before October 19, 2009, the parties shall submit a written report to the Court regarding the status of the transaction and at that time shall either: a) submit a stipulation for dismissal of the litigation; or b) request a status conference to discuss any remaining issues for resolution in this case and an appropriate 3286.001-811294.1 -3STIPULATION FOR FURTHER EXTENSION OF STAY, CASE NO. 2:08-CV-01011-JAM-DAD

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MURPHY AUSTIN ADAMS SCHOENFELD LLP

schedule for resolving any remaining issues. Dated: September 15, 2009 /s/ John A. Mendez_____________ JOHN A. MENDEZ United States District Court Judge

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STIPULATION FOR FURTHER EXTENSION OF STAY, CASE NO. 2:08-CV-01011-JAM-DAD

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