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

Filing 28

STIPULATION and ORDER signed by Judge William B. Shubb on 11/12/09 ORDERING that 26 Default entered against Exxon Mobil Corporation is set aside. Exxon Mobil holds no claims on the property at issue and is not required to make any further appearance or participate in any way. (Owen, K)

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LEO D. PLOTKIN (SBN 101893) JOHN P. MERTENS (SBN 252762) LEVY, SMALL & LALLAS A Partnership Including Professional Corporations 815 Moraga Drive Los Angeles, California 90049-1633 Telephone: [phone] Facsimile: [phone] [e-mail] / [e-mail] Attorneys for Plaintiff BLX CAPITAL, LLC UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA BLX CAPITAL, LLC. Plaintiff, vs. DARA PETROLEUM, INC., ET AL., Defendants. Case No. 2:09-CV-02356-WBS-EFB STIPULATION TO SET ASIDE ENTRY OF DEFAULT AND TO DISCLAIM INTEREST IN SUBJECT OF PROCEEDING; ORDER THEREON

STIPULATION TO SET ASIDE ENTRY OF DEFAULT AND TO DISCLAIM INTEREST IN SUBJECT OF PROCEEDING; ORDER THEREON

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This stipulation is made by and between Plaintiff BLX Capital, LLC ("BLX") and defendant Exxon Mobil Corporation ("Exxon"), by and through their respective counsel of record, with respect to the following facts: 1. On November 2, 2009, BLX filed a Request for Entry of Default against Exxon. 2. On Wednesday, November 4, 2009 Exxon contacted BLX requesting waiver of the default. 3. BLX has no objection to waiving the default of Exxon. 4. Exxon will disclaim all interest in the property at issue in this action. NOW, THEREFORE, IT IS STIPULATED as follows: 1. BLX hereby waives default against Exxon. 2. Exxon hereby disclaims any and all interest in the property at issue in this action. 3. Exxon shall not be required to make any further appearance or participate in any way in this action with respect to the complaint filed herein by BLX.

STIPULATION TO SET ASIDE ENTRY OF DEFAULT AND TO DISCLAIM INTEREST IN SUBJECT OF PROCEEDING; ORDER THEREON

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DATED: November 5, 2009

LEO D. PLOTKIN JOHN P. MERTENS LEVY, SMALL & LALLAS A Partnership Including Professional Corporations By: /s/ _________________________ LEO D. PLOTKIN Attorneys for Plaintiff BLX CAPITAL, LLC EXXON MOBIL CORPORATION By:/s/ __________________________ CRAIG WHITNEY, COUNSEL

STIPULATION TO SET ASIDE ENTRY OF DEFAULT AND TO DISCLAIM INTEREST IN SUBJECT OF PROCEEDING; ORDER THEREON

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: November 12, 2009 ORDERED:

ORDER Good cause appearing and the parties having so stipulated, IT IS HEREBY 1. That the Default entered against Exxon Mobil Corporation is hereby set aside. 2. Exxon Mobil Corporation holds no claims on the property at issue in this action. 3. Exxon Mobil Corporation shall not be required to make any further appearance or participate in any way in this action with respect to the complaint filed herein by BLX Capital, LLC.

STIPULATION TO SET ASIDE ENTRY OF DEFAULT AND TO DISCLAIM INTEREST IN SUBJECT OF PROCEEDING; ORDER THEREON

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