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Exxonmobil Oil Corp. v. Nicoletti Oil

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 30, 2009

EXXONMOBIL OIL CORPORATION, A NEW YORK CORPORATION PLAINTIFF,
v.
NICOLETTI OIL, INC., A CALIFORNIA CORPORATION; DINO J. NICOLETTI, AN INDIVIDUAL AND D/B/A NICOLETTI OIL, INC. AND/OR NICOLETTI OIL COMPANY; AND JOHN A. NICOLETTI, AN INDIVIDUAL AND D/B/A NICOLETTI OIL, INC. AND/OR NICOLETTI OIL COMPANY; AND DOES 1-100, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Honorable Oliver W. Wanger

JOINT STIPULATION ANDORDER TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS COMPLAINT PURSUANT TO RULES 12(B) AND 8(A) Hearing Date: December 7, 2009 Time: 10:00 a.m. Courtroom: 3

Pursuant to the Local Rules of the United States District Court for the Eastern District of California, Rules 78-230(g) and 83-143, Plaintiff ExxonMobil Oil Corporation ("Plaintiff") and Defendants Nicoletti Oil, Inc., Dino J. Nicoletti and John A. Nicoletti ("Defendants") stipulate to the following:

WHEREAS, on August 24, 2009, this action was commenced in the United States District Court, Eastern District of California;

WHEREAS, on October 7, 2009, Defendants filed a Motion to Dismiss ExxonMobil's Complaint Pursuant to Rules 12(b) and 8(a) ("Motion to Dismiss");

WHEREAS, the hearing on Defendants' Motion to Dismiss is calendared for December 7, 2009 at 10:00 a.m. in Courtroom 3;

Plaintiff and Defendants have agreed to continue the hearing on Defendants' Motion to Dismiss and to modify the briefing schedule as follows:

Plaintiff's Opposition brief shall be filed and served no later than January 6, 2010;

Defendants' Reply brief shall be filed and served no later than January 25, 2010;

The hearing on Defendants' Motion to Dismiss shall be continued to February 1, 2010 at 10:00 a.m. in Courtroom 3.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:

DATED: October 30, 2009 BINGHAM MCCUTCHEN LLP Colleen P. Doyle Karen A. Caffee Allyson T. Sakai Attorneys for Plaintiff ExxonMobil Oil Corporation

DATED: October 30, 2009 TATRO TEKOSKY SADWICK LLP René P. Tatro Steven R. Tekosky Attorneys for Defendants Nicoletti Oil, Inc., Dino J. Nicoletti, John A. Nicoletti

PURSUANT TO STIPULATION, IT IS ORDERED thatPlaintiff's Opposition brief shall be filed and served no later than January 6, 2010; Defendants' Reply brief shall be filed and served no later than January 25, 2010; and the hearing on Defendants' Motion to Dismiss shall be continued to February 1, 2010 at 10:00 a.m. in Courtroom 3.

The Honorable Oliver W. Wanger United States District Court Eastern District of California

20091030

© 1992-2009 VersusLaw Inc.



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