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Johnson v. Crest Oil & Gas

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 3, 2010

MARILY JOHNSON AKA MARILY FARNSWORTH JOHNSON, TRUSTEE OF THE CAROLYN B. FARNSWORTH TRUST, DATED 9/25/83 AND TRUSTEE OF THE TRUST CREATED BY LAST WILL AND TESTAMENT OF ROBINSON M. FARNSWORTH, DECEASED, PLAINTIFFS,
v.
CREST OIL & GAS, LTD, A TEXAS LIMITED PARTNERSHIP AND CREST OIL & GAS MANAGEMENT CORP., A TEXAS CORPORATION, SUCCESSORS IN INTEREST OF CREST OIL CORPORATION; HALLIBURTON ENERGY SERVICES, INC., A DELAWARE CORPORATION, ALL OTHER PERSONS UNKNOWN, CLAIMING ANY RIGHT, TITLE ESTATE, LIEN, OR INTEREST IN THE REAL PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFFS' OWNERSHIP OR ANY CLOUD ON PLAINTIFFS' TITLE THERETO; AND DOES 1 TO 100, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Judge Honorable John A. Mendez

STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANT, HALLIBURTON ENERGY SERVICES, INC., TO FILE RESPONSIVE PLEADING TO PLAINTIFF, MARILY JOHNSON'S COMPLAINT [LOCAL RULE, 143 AND 144]

JOINT STIPULATION AND ORDER

The parties, by and through their respective counsel, hereby agree to extend the deadline for Defendant, Halliburton Energy Services, Inc. ("Halliburton") to file its initial answer or other response to Plaintiff, Complaint to and including October 8, 2010.

1. On July 30, 2010, Plaintiff served her Complaint on Defendant, Halliburton, and the action was venued in Colusa County Superior Court, Case No. CV 23775.

2. On or about August 16, 2010, Co-Defendant Crest Oil & Gas, LTD., and Crest Oil and Gas Management Corp., filed a Notice of Removal to the United States District Court based upon diversity jurisdiction under 28 U.S.C. 1332.

3. Counsel for Halliburton and Plaintiffs entered into a Stipulation providing additional time for Halliburton to respond to the Complaint, up to and including September 7, 2010.

4. Halliburton's and Plaintiffs counsel now desire to enter into a second Stipulation to provide additional time for Halliburton to investigate its interest in the real property, and whether the parties can reach a resolution by way of a Disclaimer of Interest as to the real property at issue in this action. Therefore, the parties wish extend time up to and including October 8, 2010, within which Defendant, Halliburton may file their initial answer or other response to Plaintiff's Complaint.

5. Halliburton understands that if the parties are unable to reach resolution and Halliburton therefore files its initial responses pleading to Plaintiff's Complaint that Halliburton will be expected by this court to participate in the Joint Status Report that must be filed by the parties on or before October 15, 2010.

WHEREFORE, the parties hereby agree to extend time to and including October 8, 2010, within which Defendant, Halliburton may file their initial answer or other response to Plaintiff's Complaint.

DATED: September 3, 2010

JONES HELSLEY PC MICHAEL S. HELSLEY, Attorneys for Defendant, HALLIBURTON ENERGY SERVICES, INC.

KNOX RICKSEN, LLP RICHARD G. LOGAN, JR., Attorneys for Plaintiff, MARILY JOHNSON aka MARILY FARNSWORTH JOHNSON, TRUSTEE of the Carolyn B. Farnsworth Trust, dated 9/25/83 and Trustee of the Trust Created by Last Will and Testament of Robinson M. Farnsworth, Deceased.

IT IS ORDERED to extend time up to and including October 8, 2010, within which Defendant, Halliburton may file their initial answer or other response to Plaintiff's Complaint.

Honorable John A. Mendez, U.S. District Court Judge

20100903

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