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

Filing 95

STIPULATION and ORDER 94 signed by Judge William B. Shubb on 9/25/2012: Good cause appearing and the parties having so stipulated, IT IS HEREBY ORDERED that the October 9, 2012 hearing on 88 USA's Motion to Vacate Judgment and 91 Plaintiff's Motion to Amend Judgment to be Consistent with Judgment in Favor of USA be contined to 11/5/2012 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kirksey Smith, 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 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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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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,
Plaintiff,

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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
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, as

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follows:

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1. A hearing is set for October 9, 2012 on HSBC as Trustee’s Motion to
Amend the Judgment (“HSBC Motion”).
2. A hearing is set for October 9, 2012 on SBA’s Motion to Vacate
Judgment (“SBA Motion”).

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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 these 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 November 5,

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

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DATED: September 25, 2012

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LEO D. PLOTKIN
JOHN P. MERTENS
LEVY, SMALL & LALLAS
A Partnership Including Professional
Corporations

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By: /s/ John P. Mertens _____________
JOHN P. MERTENS
Attorneys for Plaintiff
HSBC Bank USA

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DATED: September 25, 2012

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

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DATED: September 25, 2012

BENJAMIN B. WAGNER
United States Attorney

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By: /s/ Bobbie J. Montoya
BOBBIE J. MONTOYA
Assistant US Attorney
Attorneys for the United States of
America

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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 November 5, 2012 at 2:00 p.m..

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Dated: September 25, 2012

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