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

Filing 89

ORDER signed by Judge William B. Shubb on 8/28/2012 GRANTING 86 Plaintiff's request to seal documents, the Settlement Agreement shall be filed under SEAL; the Amended and Restated Promissory Note shall be filed under SEALED; and the Appendix of Confidential Information shall be filed under seal. (Reader, L)

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1 2 3 4 5 6 7 8 9 10 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 Telephone: (310) 471-3000 Facsimile: (310) 471-7990 Attorneys for Plaintiff 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 UNITED Manager, Ernst & Young Inc. STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) 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, ) ) Plaintiff, ) ) vs. ) ) DARA PETROLEUM, INC. dba WATT ) AVENUE EXXON, a California ) corporation; SARBJIT S. KANG, an ) individual; NARGES EGHTESADI, an ) individual; U.S. SMALL BUSINESS ) ADMINISTRATION, a United States ) government agency; and DOES 1 ) through 20, inclusive, ) ) Defendants. ) ) ) ) ) ) Case No. 2:09-CV-02356-WBS-EFB ORDER GRANTING REQUEST TO SEAL DOCUMENTS Date: September 10, 2012 Time: 2:00 p.m. Courtroom: 5 1 ORDER 2 The Court having considered the Request to Seal Documents submitted by 3 plaintiff HSBC Bank USA, National Association, as Indenture Trustee for the 4 benefit of the Noteholders and the Certificateholders of Business Loan Express 5 Business Loan Trust 2005-A (“Plaintiff”), the Declaration of Susan Branch, and 6 the papers, pleadings and documents on file in this action, and good cause 7 appearing therefor. 8 IT IS HEREBY ORDERED that: 9 1. The Settlement Agreement shall be filed under seal; 10 2. The Amended and Restated Promissory Note shall be filed under seal; 11 3. The Appendix of Confidential Information shall be filed under seal. 12 13 14 This Order shall be subject to reconsideration upon the motion of any party to this action or any interested third-party. 15 16 Dated: August 28, 2012 17 18 19 20 21 22 23 24 25 26 27 28 1 1 PRESENTED BY: 2 LEO D. PLOTKIN JOHN P. MERTENS LEVY, SMALL & LALLAS A Partnership Including Professional Corporations 3 4 5 6 7 8 9 10 By ___________________________ LEO D. PLOTKIN Attorneys for Plaintiff 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 28656 11 12 PROOF OF SERVICE 13 14 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES: 15 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 815 Moraga Drive, Los Angeles, California 90049. 16 17 18 19 20 21 22 23 24 On August 27, 2012, I served the foregoing document entitled [PROPOSED] ORDER GRANTING REQUEST TO SEAL DOCUMENTS on the interested parties in this action by placing a true copy thereof in sealed envelopes addressed as follows: Jeffrey S. Kravitz, Esq. KRAVITZ LAW OFFICE 2310 J. Street, Suite A Sacramento, CA 95816 Kravitzlaw@aol.com 25 26 27 (By Email) I had such document electronically submitted pursuant to the email addresses attached on the service list with no system administrator error returned. 28 2 1 2 3 4 (Federal) I declare that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the above is true and correct. Executed August 27, 2012 at Los Angeles, California. 5 /s/ Heidi Gray Heidi Gray 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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