BLX Capital, LLC v. Dara Petroleum, Inc. et al

Filing 101

STIPULATION and ORDER 100 signed by Judge William B. Shubb on 10/26/2012 100 resetting MOTION HEARING as to 88 USA's Motion to Vacate Judgment and 91 Plaintiff's Motion to Amend Judgment to be Consistent with Judgment in Favor of USA for 1/14/2013 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kirksey Smith, K)

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Eric S. Pezold (SBN 255657)
SNELL & WILMER L.L.P.
600 Anton Boulevard, Suite 1400
Costa Mesa, California 92626-7689
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff HSBC Bank USA,
National Association, as Indenture Trustee
For the benefit of the Noteholders and the
Certificateholder of Business Loan
Express Business Loan Trust 2005-A

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

Snell & Wilmer

L.L.P.
LAW OFFICES
600 Anton Boulevard, Suite 1400
Costa Mesa, California 92626 -7689
[phone]

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HSBC BANK, USA, National
Association, as Indenture Trustee for the
benefit of the Noteholders and the
Certificateholders of Business Loan
Express Business Loan Trust 2005-A,

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Plaintiff,
vs.
DARA PETROLEUM, INC. dba WATT
AVENUE EXXON, a California
corporation; SARBJIT S. KANG, and
individual; NARGES EGHTESADI, an
individual; U.S. SMALL BUSINESS
ADMINISTRATION, a United States
Government Agency; and DOES 1
through 20, inclusive,

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Defendant.

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16051626

Case No. 2:09-CV-02356-WBS-EFB
STIPULATION TO CONTINUE
HEARINGS ON MOTIONS BY
HSBC BANK, NA AND US SMALL
BUSINESS ADMINISTRATION;
[PROPOSED]ORDER THEREON

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This Stipulation is entered into by and between plaintiff HSBC Bank USA,

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National Association, as Indenture Trustee for the benefit of the Noteholders and

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the Certificateholders of Business Loan Express Business Loan Trust 2005-A

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(“HSBC as Trustee”), successor in interest to BLX Capital, LLC (“BLX”), the

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United States Small Business Administration (“SBA”), and defendants Dara

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Petroleum, inc. dba Watt Avenue Exxon, Sarbjit S. Kang, Narges Eghtesadi

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(Collectively the “Obligors”), by and through their respective counsel of record,

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as follows:
1. A hearing is set for November 5, 2012 on HSBC as Trustee’s Motion

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to Amend the Judgment (“HSBC Motion”).

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2. A hearing is set for November 5, 2012 on SBA’s Motion to Vacate

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Judgment (“SBA Motion”).

Snell & Wilmer

L.L.P.
LAW OFFICES
600 Anton Boulevard, Suite 1400
Costa Mesa, California 92626 -7689
[phone]

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3. The parties are engaged in settlement discussions with the anticipated

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result of entering into a stipulation to resolve their motions. The

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parties desire additional time to complete discussions prior to the

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motion hearings.

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NOW, THEREFORE, IT IS STIPULATED AS FOLLOWS:

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With the consent of the Court, the hearings on the HSBC Motion and the

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SBA Motion shall be continued pursuant to Local Rule 230(F) to December 17,

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2012 at 2:00 p.m. or to a time thereafter as determined by the Court.

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-216051626

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Dated: October 26, 2012

Eric S. Pezold
SNELL & WILMER L.L.P.

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By: /s/ Eric S. Pezold
Eric S. Pezold (#255657)

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Attorneys for Plaintiff
HSBC Bank USA

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Dated: October 26, 2012

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JEFFREY S. KRAVITZ
KRAVITZ LAW OFFICE

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By: /s/ Jeffrey Kravitz
Jeffrey Kravitz
Attorneys for Defendants
DARA PETROLEUM, INC., S. Kang,
N. EGHTESADI

Snell & Wilmer

L.L.P.
LAW OFFICES
600 Anton Boulevard, Suite 1400
Costa Mesa, California 92626 -7689
[phone]

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Dated: October 26, 2012

BENJAMIN B. WAGNER
United States Attorney

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By: /s/ Bobbie J. Montoya
Bobbie J. Montoya
Assistant US Attorney
Attorney for the United State of
America

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-316051626

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ORDER

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Good cause appearing and the parties having so stipulated, IT IS HEREBY

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ORDERED that the hearings set for October 9, 2012 at 2:00 p.m. in this

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Courtroom shall be continued to January 14, 2013, at 2:00 p.m.

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corresponding deadlines are continued and governed by Local Rule 230.

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Dated: October 26, 2012

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Snell & Wilmer

L.L.P.
LAW OFFICES
600 Anton Boulevard, Suite 1400
Costa Mesa, California 92626 -7689
[phone]

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-416051626

All

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PROOF OF SERVICE

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I am employed in the County of Orange, State of California. I am over the age of
18 and not a party to the within action; my business address is 600 Anton Boulevard,
Suite 1400, Costa Mesa, CA 92626-7689.

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On October 26, 2012, I served, in the manner indicated below, the foregoing
document described as STIPULATION TO CONTINUE HEARINGS ON
MOTIONS BY HSBC BANK, NA AND US SMALL BUSINESS
ADMINISTRATION; [PROPOSED] ORDER THEREON on the interested parties
in this action by placing true copies thereof, enclosed in sealed envelopes, at Costa
Mesa, addressed as follows:

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Snell & Wilmer

L.L.P.
LAW OFFICES
600 Anton Boulevard, Suite 1400
Costa Mesa, California 92626 -7689
[phone]

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Bobbie J Montoya
United States Attorney's Office
501 I Street, Suite 10-100
Sacramento, CA 95814

Jeffrey S. Kravitz, Esq.
2310 J. Street, Suite A
Sacramento, CA 95816

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

BY U.S. MAIL: I caused such envelopes to be deposited in the United
States mail at Costa Mesa, California, with postage thereon fully prepaid. I
am readily familiar with the firm’s practice of collection and processing
correspondence for mailing. It is deposited with the United States Postal
Service each day and that practice was followed in the ordinary course of
business for the service herein attested to (C.C.P. § 1013(a)).

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

BY FACSIMILE: (C.C.P. § 1013(e)(f)).

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

BY FEDERAL EXPRESS: I caused such envelopes to be delivered by air
courier, with next day service, to the offices of the addressees. (C.C.P. §
1013(c)(d)).

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BY PERSONAL SERVICE: I caused such envelopes to be delivered by
personal service at the offices of the addressees. (C.C.P. § 1011(a)(b)).
********
I declare under penalty of perjury under the laws of the State of California that
the above is true and correct.


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Executed on October 26, 2012, at Costa Mesa, California.

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/s/ Dana Lewis
DANA LEWIS

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-516051626