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Hsbc Bank Usa, National Association, As Indenture Trustee For v. Dara Petroleum

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 25, 2012

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,
v.
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.

LEO D. PLOTKIN (SBN 101893) JOHN P. MERTENS (SBN 252762) 2 LEVY, SMALL & LALLAS 3 A Partnership Including Professional Corporations 815 Moraga Drive 4 Los Angeles, California 90049-1633 Telephone: (310) 471-3000 5 Facsimile: (310) 471-7990 6 lplotkin@lsl-la.com / jmertens@lsl-la.com Attorneys for Plaintiff HSBC Bank USA , National Association, as Indenture Trustee 8 for the benefit of the Noteholders and the Certificateholders of Business Loan 9 Express Business Loan Trust 2005-A 10

STIPULATION TO CONTINUE HEARINGS ON MOTIONS BY HSBC BANK, NA AND US SMALL BUSINESS ADMINISTRATION; [PROPOSED] ORDER THEREON

This Stipulation is entered into by and between plaintiff HSBC Bank USA, National Association, as Indenture Trustee for the benefit of the Noteholders and 3 the Certificateholders of Business Loan Express Business Loan Trust 2005-A 4 ("HSBC as Trustee"), successor in interest to BLX Capital, LLC ("BLX"), the 5 United States Small Business Administration ("SBA"), and defendants Dara 6 Petroleum, Inc. dba Watt Avenue Exxon, Sarbjit S. Kang, Narges Eghtesadi 7 (collectively the "Obligors"), by and through their respective counsel of record, as 8 follows: 9

1. A hearing is set for October 9, 2012 on HSBC as Trustee's Motion to 10 Amend the Judgment ("HSBC Motion"). 2. A hearing is set for October 9, 2012 on SBA's Motion to Vacate 11 12 Judgment ("SBA Motion").

3. The parties are engaged in settlement discussions with the anticipated 13 14 result of entering into a stipulation to resolve these motions.

The 15 parties desire additional time to complete discussions prior to the 16 motion hearings.

NOW, THEREFORE, IT IS STIPULATED as follows: 19 With the consent of the Court, the hearings on the HSBC Motion and the SBA Motion shall be continued pursuant to Local Rule 230 (f) to November 5, 21 2012 at 2:00 p.m. or to at time thereafter as determined by the Court.

ORDER

Good cause appearing and the parties having so stipulated, IT IS HEREBY ORDERED that the hearings set for October 9, 2012 at 2:00 p.m. in this

Courtroom shall be continued to November 5, 2012 at 2:00 p.m.. 5 6

20120925

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